Q: I'm married but separated. Can I buy a mobile home without my husband having any rights to it.
I will be buying a mobile home without the help of my husband. I will pay all the fee's myself. I have my own bank account.
A: It is hard to answer your question based on the limited facts provided. However, it would likely be the best and safest option to obtain a final divorce decree, then acquire the mobile home. If acquired after the final divorce decree, there would be no question that the mobile home would be your separate property. See Friedman v. Friedman, 259 Ga. 530, 384 (Ga. 1989)(Holding: ". . . the last date on which assets may be acquired so as to be marital assets is the date of the final decree of separate-maintenance or the date of the decree of final divorce.").
A: It’s usually better to wait until the divorce is final before making a purchase like this. That will protect you from it being considered a marital asset and you having to split it with your husband. You may want to consult with an attorney who can review the facts of your case and help you with the divorce course of action.
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