Can you sell your real estate while separated and later file for divorce?
Posted on November 18th, 2009 in Marriage & Divorce | 3 Comments »
LA girl asked:
Ex. If you are separated and live in a state where if you get a divorce your spouse will get half, can you sell or gift all of your real estate which you bought before marriage so your spouse doesn't get half and then file for divorce?
Chandler AZ Real Estate
Ex. If you are separated and live in a state where if you get a divorce your spouse will get half, can you sell or gift all of your real estate which you bought before marriage so your spouse doesn't get half and then file for divorce?
Chandler AZ Real Estate
3 Responses
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No, and it is specifically stated in the separation agreement.
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You can’t sell a property without any other owner’s consent.
If you brought the property into the marriage, and you live in a community property state, then even if the other spouse isn’t on any paperwork they may be able to claim an interest in the house under homestead laws.
A court is not going to look kindly on you trying to be sneaky and sell a property under the other spouse’s nose. If you want to sell as an individual, they will need to file a quit claim deed to relinquish any interest in the property.
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It sounds as though you are trying to do something that you shouldn’t be doing………Recently, I went through a divorce and my property that I was raised on 40+ years in the family, I had to buy my X out of. California being a community property estate, she was only allowed 50% of the improvements made during the marriage and the increase (if there were any) in appreciation. In my case, I had to re-fi to pay her off a whopping $128,500. Now my property is close to being under water. To answer your question; Consult a good attorney, this way you will know exactly what you can and can’t do without it costing you more in the end. Good Luck!