Tucson, AZ asked in Real Estate Law for Arizona

Q: My husband and I are separated, not legally. Can I buy a house in Georgia without him having to be involved?

I do not want to have his bills considered nor credit. I want it in my name alone.

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: Under Arizona law every asset purchased during marriage is presumed to be community property. To protect your investment your husband should disclaim his interest. I recommend working with an Arizona family law lawyer to assist you with this transaction so that your goals can be accomplished and your interest protected in the event of a later divorce. If you are planning to relocate to Georgia, I also recommend speaking with a Georgia family law attorney to learn how Georgia law may impact your decision making.

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