Buying house when separation process has not started

[divorceakai]

Its been 3 yrs that me and my spouse are emotionally separated and are even keeping our finances separate while staying in the same family house with kids.
None of us are willing to separate without a long custody fight so thought of continuing for the sake of kids that are still far from teanage

Now am thinking of buying a house but she doesnt want to contribute in it. I plan to use it for rental investment. Does it make sense to buy it without her consent by just adding my name?
I understand that she may lay hands on it during divorce settlement, if it ever happen later
Any way to avoid that?
Also any impact of shared property on divorce settlements at a later stage?

[noteasy]

Not the answer you are looking for here.
You need lawyer advice, not internet advice.
If you can afford a new house you can afford 3 minutes with a professional.

If your spouse finds out you are posting this then that may trigger the legal action you said you would like to avoid.

[divorceakai]

Not the answer you are looking for here.
You need lawyer advice, not internet advice.
If you can afford a new house you can afford 3 minutes with a professional.

If your spouse finds out you are posting this then that may trigger the legal action you said you would like to avoid.

The family lawyer already informed that its better to get separated before buying. Some things are known from people in same situation is I am in. Its not a huge house and attorneys charge by mins.
BTW I wonder what kind of legal action she can take for me to buy a property out of my/our savings?

[rockscan]

Because it's during marriage it is considered a joint asset which she would be entitled to a share of. Anything you buy during the marriage is a joint asset—car, cottage, antiques, jewelry etc. Even “your” savings is considered jointly owned by her. That's how she can fight for it.

[Challenger]

provided date of separation (DOS) is known, agreed by both parties and preferably fixed somewhere on the paper, why would it be an issue?

In the NFP form it would be specified as asset that didn’t exists on separation date, thus will be excluded from equalization.

It could of course raise a red flag if you won’t be able to explain source of funds.

Speaking of funds - separate accounts or not, in the very same NFP they would mix all your accounts plus hers plus joint on a DOS, minus what you/her had on the DOM

[Berner_Faith]

If you both recognize it's time to end the marriage why make it into a big custody fight? I am going to assume one of you won't agree to 50/50?

Anything you buy without an agreement on a separation date (that is recorded and signed off on) will be included in equalization, any money you use right now is considered family money. I suggest you work on actually getting separated rather than looking at an investment property


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