Once legal documents are filed with court for separation, should it be ok to purchase a house? 3 Answers as of April 28, 2011

I filed legal separation paper with courts previously, was told it was ok to purchase property while the papers are be processed. Can I get a answer on this question?

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Yes, you may purchase a home. Since you are still legally married it may be necessary to have your house sign a Quit Claim acknowledging that the house is your sole & separate property.
Answer Applies to: California
Replied: 4/27/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your earnings and income after the date of separation are your own separate property. If you purchase a house after the date of separation, you should purchase it as a married man or woman as your sole and separate property. However, you may find it difficult to get a loan to fund the purchase unless your estranged spouse signs, acknowledges and delivers to escrow a quit claim deed to the property. Also, if the source of the down payment was monies earned by either party during the marriage, the marital community may be entitled to reimbursement of community funds contributed to the purchase of your new house.
Answer Applies to: California
Replied: 4/28/2011
Pisarra and Grist
Pisarra and Grist | David T. Pisarra
If you're asking about making sure it is separate property, in general your filing date establishes a "line in the sand" but you should consult a lawyer who will ask for more information. Also you can read my books, A MAN'S GUIDE TO CHILD CUSTODY and A MAN'S GUIDE TO DIVORCE STRATEGY, available online and as an E-Book on my website.
Answer Applies to: California
Replied: 4/27/2011
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