Dear Attorneys,
I’m married, but considering a divorce. I have a great opportunity to buy a plot of land and build a new house. However, if I buy it, I don’t want to purchase it with my husband. I can afford it on my own and I don’t want him on the deed. Do I have to purchase it jointly if I am married, or can I do this on my own?
Sincerely,
Miss Independent
Dear Miss,
You can absolutely purchase property unilaterally when you are married. However, the question the becomes whether or not it is marital property. If you simply purchase it then, yes, it would be considered a marital asset. That said, you have a variety of options to protect the property. For example, you can file for divorce and, if you are amicable, enter a pendente lite stipulation that the purchase would be considered your sole property. If you don’t have time for that, you may want to consider a post-nuptial agreement. Alternatively, the property may be able to be placed in a trust. All of these options certainly have pros and cons, but you should consult with an attorney and assess your options before actually making the purchase.
Wolf & Shore Law Group is here to make your matter, and your life, easier, not hard. Call us if you have any questions about what a post-nuptial agreement is, when a trust would be applicable, or for how to file for divorce. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
