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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My husband and I been separated for almost a year and are trying

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My husband and I been separated for almost a year and are trying to give it another chance, I am trying to buy a condo but under my credit/name and using my money as a down payment . Considering the circumstances my husband has agreed to sign a document waiving his legal rights to the condo in case we divorce. Is there such a document for him to sign if we are already married?

Thank you for your question. Please permit me to assist you with your concerns.

There is indeed such a document. It is called a 'postnuptual agreement', which is a document that parties can sign while married where they can designate their own rules, clauses, conditions, or obligations pertaining to funding of obligations. This is exactly the document that could be utilized to ensure that if you purchase this condo, even under otherwise community property laws, the condo will be designated as your sole separate property. Just please base sure that he designates all 'present and future' rights to the property, as that will ensure that should you sell the asset later, he would not be entitled to a share of the profits if any.

Good luck.

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