Will Property Bought Before Divorce Be Subject To Division?

Question:

There is a home I would like to purchase since with our looming divorce it is expected my ex-wife will receive the marital home.

If I buy this home now, will become part of the divorce settlement?

If my wife doesn’t know about the purchase, will her divorce attorney be able to uncover my ownership of the property during the divorce?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce and property laws where I am licensed to practice.

Once a divorce case has been initiated, then the property could be acquired using separate funds and you could argue for its exclusion from the marital estate.

However, if the property is acquired prior to the initiation of a divorce case, or marital funds are used to purchase or repair the property, then your wife may have a claim to the property as part of the marital estate.

If the property is purchased, it will likely have to be disclosed in the course of discovery to your wife’s divorce attorney.

Additionally, if the property was acquired prior to the initiation of a dissolution case, then in the event that your wife finds out about the property after the conclusion of the dissolution case, she may have grounds to request that the decree be set aside on the grounds of fraud.

To avoid this, all property owned by either party should be disclosed while the divorce is pending and included in any settlement agreement or final order of the court.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.