uying a property before the divorce is final

franhuang11 · Joined: 27 Apr 2009 Posts: 3 1.51 Dollars($)

Hi,

My brother has filed a divorce petition (in Jan of this year, in California), which will take the standard 6 months to finalize. In the mean time, can he rightfully buy a property without having to worry that his soon-to-be ex-wife may come back to claim any right for the property in the future?

Thanks.

jameshogg · Posted: Mon Apr 27, 2009 7:48 pm Post subject:

Hi franhuang,

In my opinion, your brother should wait till the divorce is finalized and then purchase the property. Complications may arise if he purchases the property now. There are chances that the wife can claim a portion of the property.

Thanks

franhuang11 · Joined: 27 Apr 2009 Posts: 3 1.51 Dollars($)

Hi,

Your suggestion is good. Unfortunately, my brother forgot about it and his agent alerted him about the potential "problem" only too late - he gave an offer to purchase a foreclosure house whose closing is scheduled to happen on 5/6, and my brother does not want to stop at this point ...

Since he filed the divorce petition in Jan., supposedly they went through the property discovery phase and by now all financial obligations have been well defined, can I assume that anything they do with their own money now is really their individual's own business?

Thanks!

smithsussane · Posted: Tue Apr 28, 2009 9:32 pm Post subject:

Hi franhuang!

Welcome back to forums!

I would suggest your brother to contact his divorce attorney and discuss his options with him. The attorney will be the best person to help him out in this issue and let him know whether it will be considered as his separate property or not.

Feel free to ask if you have further queries.

Sussane

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