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Buying a home while legally married but separated from your former spouse is certainly possible, but there's some extra documentation needed and things to be aware of. First, your lender is going to require your legal separation agreement. If you have a property settlement agreement, they'll need that as well.
Though the term non-marital property often refers to any personal or real property owned prior to, and brought into the marriage, it can also refer to things such as inheritances and gifts made to only one spouse.
Unlike in community property states such as California, where marital property is divide equally (i.e. 50% 50%), in Pennsylvania marital property is divided equitably. This type of division is fairly based on the circumstances of the parties.
Rights to Property after Separation: When You're Married and Getting a Divorce. The benefit of getting married is that, in the event of a divorce or separation, you are entitled to a share of the property.The right to stay in your home unless a court order excludes it.
Marital property includes all property that was acquired during the marriage, regardless of how it is titled (in whose name it is). Gifts from one spouse to another are marital property if they were purchased with marital funds.
Assets acquired during the marriage and any acquired post separation are included in the one pool. Because the value of an asset of one or both of the parties may have risen or fallen quite significantly between separation and the trial date, a court must examine any changes carefully.
Marital property refers generally to all of the property acquired by either or both spouses during the marriage. Separate property refers to any property the spouses acquired separately before the marriage or after separation (or in some states after divorce).
California law also provides that property spouses acquire before a divorce, but after the date of separation, is separate property.There is a strong presumption under California divorce law that the assets a couple accumulates during the marriage are community property, meaning owned equally by the spouses.
Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce.