Q: Separated since 4/17/23. I want to purchase a home without it seen as marital property. Divorce is Nov 5. Possible?
I am representing myself. I'm looking for a caselaw that support this.
A:
I would wait to purchase property until you receive the judgment of divorce. Matters of alimony and property division are interrelated, and the entire judgment must be considered in determining whether the trial court abused its discretion as to either of those issues. Willing v. Willing, 655 So.2d 1064 (Ala. Civ. App. 1995). Furthermore, a division of marital property in a divorce case does not have to be equal, only equitable, and a determination of what is equitable rests within the sound discretion of the trial court. Golden v. Golden, 681 So.2d 605 (Ala. Civ. App. 1996). In addition, the trial court can consider the conduct of the parties with regard to the breakdown of the marriage, even where the parties are divorced on the basis of incompatibility. Ex parte Drummond, 785 So.2d 358 (Ala. 2000). Moreover, in Kluever v. Kluever,
Johnson v. Johnson, No. 2200984, at *4 (Ala. Civ. App. Sep. 16, 2022)
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