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by Ylonda on April 25th, 2005

Ylonda

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I am filing for divorce. I want to buy a house before the divorce is final, in a community property state. Will my husband have any rights to my house?

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  • by Joel Lyons on April 26th, 2005

    Joel Lyons

    Nine states: Arizona, California,
    Idaho, Louisiana, Nevada, New
    Mexico, Texas and Wisconsin
    are Community Property States.

    In those states community property
    includes real estate, tangible assets
    and the earnings of both spouses
    acquired during the marriage. Assets
    acquired by gift or inheritance or
    assets owned before the marriage are
    not community property.

    By the way, a spouse can leave
    separate property to anyone; it does
    not have to go to the surviving spouse.

    Also, married couples don't have to
    accept the rules about what is community
    property and what isn't. They can sign a
    written agreement that makes some or
    all community property the separate
    property of one spouse, or vice versa.

    audere scire

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