Why does she have a right to my property here while I am legally bound to pay her alimony? 8 Answers as of October 04, 2016

I am in active duty in the military. I got legally separated from my spouse in another state. I pay child support for both of my children (1 who lives with me full time) and I also pay alimony. We are both residents of the same state and I am now residing in another. I have just found out that the state does not care about my Legal Separation Decree signed by a Court Judge and that as far as this state is concerned, I am still married. The issue comes up with my desire to purchase a home here. They are asking my ex to sign paperwork regarding my purchase. Am I either legally separated or am I married? How can this state force me to be both? What legal right does my ex have regarding my property here under this outdated homestead law?

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
A lot more information is needed concerning your legal separation, the orders that might have been issued in that jurisdiction and those orders impact upon what you're trying to do now in dividing property. You really need to meet with an experienced family law attorney in your jurisdiction to review all of the documents and to see what next steps would be appropriate.
Answer Applies to: California
Replied: 10/4/2016
Carey and Leisure | John Smitten
Get Divorced before purchasing any real estate.
Answer Applies to: Florida
Replied: 10/4/2016
The Law Office of Kimberly D. Moss
The Law Office of Kimberly D. Moss | Kimberly Moss
There is no such thing as legal separation in the state of Texas. I strongly recommend you schedule a consultation with a family attorney in the State of Texas to determine whether or not your wife actually got a divorce or under what circumstances a judge ordered you to pay child support if you two are still married. If you're only separated (not legally divorced), then yes your wife would need to sign the paperwork for you to purchase a home, so it is imperative that you get divorced as soon as you can to make sure you are the only one legally benefiting from this transaction.
Answer Applies to: Texas
Replied: 10/3/2016
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
A complete review of your case is necessary by an experienced family attorney, wherever the orders are from.
Answer Applies to: Florida
Replied: 10/3/2016
Law Office of Robert E McCall | Robert McCall
Cannot reply without a review of the documents. You need to consult a local Family Law attorney and have all documents reviewed.
Answer Applies to: Florida
Replied: 10/3/2016
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    There is no legal separation in Texas. You are married until you are divorced, and still accumulating community property. You are paying temporary spousal support and temporary child support pending divorce. If you purchase a home, it will be community property unless you: (1) have a post-marital agreement that makes it separate property, or (2) purchase it with money that is separate property - that you came into the marriage with or inherited it or were gifted it. Your earnings are community property. So, you need a post-marital agreement in which your wife agrees to make the house your separate property. Otherwise it is at risk. Any lender will require her to sign the deed of trust, securing the property as collateral. They will not require her to be on the note. I hope this explanation helps.
    Answer Applies to: Texas
    Replied: 10/3/2016
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Your question is vague, confusing and nearly impossible to follow but as near as I can tell - you are in Texas now? It helps to tell us what states are involved. Now, if you divorce in Texas, Texas rules apply to the divorce. If you divorce in California, California rules apply to the divorce - same applies to every state, I just use California since you said alimony and legal separation and only the land of fruits and nuts could contrive such a convoluted method of divorce. I don't know where you filed for legal separation but to be clear - there is no such thing as legal separation in Texas. So, our homestead laws are NOT outdated, they comport with our community property rules. The issue you describe has nothing to do with divorce, it has everything to do with title to property. In Texas, due to community property rules, if you buy property it is community if you are married and again, there is no such thing as legal separation in Texas. Since there is no such thing, it is not a violation of the Full Faith and Credit Clause to ignore such a document when it comes to title of property and in the divorce the court in the other state has power to divide the property as part of the divorce - but that division will not clear the title. All you have to do is get a statement to protect the bank - that is all they want, something that prevents your estranged spouse from coming to Texas later and claiming she has some right or title. This is not an issue to you - but when and if you sell the house later, it will be a HUGE issue for the next owner who cannot get clear title and therefore cannot get a loan to buy the house.
    Answer Applies to: Texas
    Replied: 10/3/2016
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    You can be legally separated and still married. A legal separation usually has an agreement between the spouses that take care of all the issues, BUT, it is NOT a divorce. If you are legally separated, you should be able to purchase a property under your name only as your separate property. My suggestion is that you consider moving forward with a Dissolution of Marriage ASAP.
    Answer Applies to: Florida
    Replied: 10/3/2016
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