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  • buying a home with non-divorced

    Senerio...
    Girlfriend and boyfriend (could be considered common law??? as girlfriend still as alternate address as well) want to buy home....boyfriend has a child with ex-wife (not leagally divorced yet, but have signed seperation agreement) daughter has a sibling whose father is not with mother anymore. Both children spend time and evenings (shared custody) with girlfriend and boyfriend.
    I am the girlfriend....if we purchase a home together what risks are along with this.....

  • #2
    I was sort of in this situation.
    Began a relationship when he had not acquired a legal divorce. I spoke to a lawyer and was told that there is a limit on the length of time from separation to when she can request asset splitting (IE if he had a home before you), if there was a request, then there is no limit on when it can be resolved. If she started a claim and it was not resolved, then the property would remain in limbo until it was, even if she forgot about it and came back several years later, the fact that it was initiated means she started the claim within the required time frame. Since you are starting together, this is an asset that she is not entitled to. Make sure to have your name on it, better yet have it solely in your name and have an agreement drawn up for the two of you should the relationship go south. (Should draw one up regardless).
    BUT, there's always a but, make sure that he has a will.
    Why? If, God forbid, something should happen to him then his children and indirectly his wife, has the right to put a claim against any asset he has to help cover the cost of CS should he die before the children are supporting themselves. The will MUST name his children and give them either a monetary payment and/or bond etc. If he does not name them, then mom can contest the will claiming that the children were omitted and they are still entitled. This is valid. This is what we did, we went and got a legal will and made sure to name the previous child, and then clearly outline ALL remaining assets and splitting.

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    • #3
      Thanks...if theres a will theres a way! Have a great day!

      Comment

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