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Buying property while separated

Hello,
My question is this...I have been separated from my husband for 15 months. At that time we sold the house we owned together, split the money we made 50/50 and divided all of our property on our own. We have two children, which I have 6 days a week. He pays child support which was appointed by the court. I have not filed for divorce yet, and we have no note of legal separation.
I would like to purchase a house, for which I can get a mortgage on my own. My concern is, weather or not this would be considered a marital asset and he would be given any rights to it?
The only issues that need to be addressed in the divorce at this time are child custody and maybe 401Ks/annuities.
And if I just go ahead and buy it before the divorce, would I be making a huge mistake?
Thank you,
KH

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Submitted Fri, 10/09/2015 - 11:27

I think the first place to begin is the status of your marriage, you are married; not legally separated. There is really no legal separation status in Massachusetts.

What you need is a stipulated agreement between you and the father as to where everyone stands, this needs to be filed with the court.

These stipulated agreements can be piecemeal or comprehensive, but trying to accomplish this yourself is a mistake. I have had clients come to me after signing an agreement and then learning that by doing so they had waived forever, important rights to alimony or property division; while child issues are always modifiable by the court other issues can be taken from the court and held to be a separate contract.

I highly recommend you seek out an attorney to assist you in drafting and protecting your rights.



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