Ipswich, MA asked in Divorce and Real Estate Law for Massachusetts

Q: I am buying a house with my wife, now she wants a divorce.I will buy the house. How do I keep it from be common property

I live in Massachusetts and will require no aid financial or otherwise from my wife.

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1 Lawyer Answer

A: Do get the divorce first . You would be at the very least complicating things unnecessarily by expending monies on real estate and potentially your expenditure could be an over-extension of your credit to prevent you from providing support to the spouse or viewed as a plan to deprive the spouse of assets by committing them to the home purchase . You would be in a worse position in the divorce proceeding since divorce is being contemplated and since once a Divorce Complaint is filed ( applicable if you are the plaintiff and applicable once served with same via the automatic restraining order ) the transactions near the time of filing are suspect.

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