ANSWERS: 2
  • If you have been legally separated for the entire period and you do not use any funds that are joint property of the marriage, your ex-husband will have no rights to the home. For the most part, any items acquired before the beginning of the marriage or a common-law relationship and any acquired after you have (officially) separated are the property of the person who bought them. There are exceptions to this, particularly the matrimonial home, which is usually considered joint property, even if it was purchased before the marriage or common-law relationship by either party. If your are paying spousal or child support to your ex-spouse, you should have provisions made for this in the event you die (e.g., an insurance policy that specifically names the ex-spouse and/or children as beneficiaries). You can be held responsible for any support payments after you die, funds which may be taken from your estate. The same goes for him. In your case, if you have been separated for a couple of years and can prove this in a courrt of law in the event your ex-husband contests it (e.g., an existing custody or support order), the house is yours. If you want a proper legal opinion on this, I would recommend that you contact your lawyer. He or she will be handling the purchase anyways and you should bring this question up if you have any concerns.
  • I wouldn't sign one paper until I talked to a divorce lawyer about this?

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