Attorney Tiffany Lunn of Lunn Law LLC recently was asked “How can one spouse keep the other spouse from having a valid claim to real property purchased during the marriage”?
Answer: Real property purchased during marriage is generally considered marital property (regardless if the property is titled exclusively in one spouse’s name). Therefore, there is no sure way to guarantee that real property purchased during a marriage can be protected or will be legally deemed separate property. Do not hold the mistaken belief that merely being in a separated state from your spouse will protect property purchased during the separation.
However, one possibility to protect said property is for the spouses to execute a post-nuptial agreement pertaining to the real property purchased. Nevertheless, the ultimate determination will not be clear and decided until a divorce takes place. If it is going to be devastating for any property purchased during a marriage to be considered marital property, then do not make the purchase.
Categories: Property Division