Q: When getting divorced, can my husband claim a house that I got while we were separated?
We have been separated for almost two years and I want a divorce. I am also about to buy a house. Can he claim any part of the house while going through a divorce?
A: He certainly can. Usually, a court may use any of 3 dates when valuing assets and liabilities: 1) date of separation 2) date of filing the divorce petition or 3) date of final judgment. There are different circumstances which may warrant which date is used. Of course, you and your attorney would argue the court should use the date of separation but there is no guarantee the judge will agree and his attorney may argue marital funds were used in the purchase of the subject property and other arguments that warrant another date being used. Hence, it is really best that you consult with one of us divorce attorneys so you can obtain advise specific to your situation; you should do that asap before you try to purchase that property. Good luck.
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