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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-08-2014, 03:07 PM
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Default Can I purchase a house or a car during the divorce process

From my previous threads, you may get full details of my case. I hae been separated for over three years now in family case where I am the Respondent. The trial is over and recently submitted cost briefs to the trial judge and waiting for the order on Child Support & Spousal Support. I have been awarded sole custody of my daughter. I have also filed for divorce about a month ago on a non-contestant basis. Can I purchase a reasonable property or asset without being dragged back into litigation by my Ex.
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Old 04-08-2014, 03:25 PM
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Originally Posted by slskz786 View Post
From my previous threads, you may get full details of my case. I hae been separated for over three years now in family case where I am the Respondent. The trial is over and recently submitted cost briefs to the trial judge and waiting for the order on Child Support & Spousal Support. I have been awarded sole custody of my daughter. I have also filed for divorce about a month ago on a non-contestant basis. Can I purchase a reasonable property or asset without being dragged back into litigation by my Ex.
Yes,

Saying that your ex can drag you to court for anything if they choose.
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Old 04-08-2014, 04:06 PM
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So yes I can purcahse but she can drag me to the court anytime in my life.
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Old 04-08-2014, 04:14 PM
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Originally Posted by slskz786 View Post
So yes I can purcahse but she can drag me to the court anytime in my life.
That's the case no matter what. It depends more on the kind of person your ex is than it does on what assets you choose to buy post-divorce.

A person can reopen an existing agreement in two basic situations. They have to have proof that information was withheld at the time of the agreement that render it unfair, or they have to be able to prove there is a material change in circumstances since that time.

It works both ways though. You could reopen it any time you felt there was a material change in circumstances, such as ending SS early if your ex remarries, for example.
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Old 04-08-2014, 06:18 PM
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If you've already got an agreed-on valuation of the marital properties (all the assets you and stbx owned at the time you split), then your purchase of a house shouldn't matter. The ex has no claim on it. The only thing I would be careful about is if you think you may get an order to pay a lot of arrears - if you've tied up your finances in the down payment or mortgage for the house and suddenly have to pay your ex a lot of money, you could face a shortfall. However, you're the best judge of whether that's likely to happen.
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Old 04-08-2014, 06:29 PM
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If you already have the numbers on CS and/or Spousal and you can afford these expenditures - go for it.
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