Unless you waive any rights to it. Anything purchased during the marriage can be considered marital assets, so yes he could be having a problem.

i would imagine in order to establish credit on your own you would have to be legally separated. states laws vary.

I am pretty sure that if it is purchased while married, it can be considered as marital assets.

I wanted to buy a house but my attorney advised me to wait until it was final so that the ex wouldn't be able to stake a claim to it.

Check with your attorney and the laws in your state.

even with legal seperation - the house could still be considered a marital asset.

You will have to check with your laws, but I am in the process of trying to buy a house and my attorney says that is is very simple....all stbx has to do is sign off on the deed and if he doesn't agree to do it voluntarily then we court order him to do it and he cannot contest it.

My husband ran out before the divorce petition was filed and tried to buy a house. He was going to use marital assets for his down payment then 100% finance his house and pay the money back. I was told by my lawyer to refuse to sign and seize the home equity line to prevent the sale.

By buying a house my husband will have increased our marital debt (we have to share)

By buying a house it will significantly reduce the amount of money he can pay in child support and Maintenance/alimony. (I'm a stay at home mom) because he can claim he has a $1000 mortage to pay.

That being said if the above concerns are not your issue and you both can agree the legal documents to free you from this debt can be drawn up. Just have a lawyer who is on your side look over the papers.

whoa, who can afford to buy a home when you split? We just bought a home 8 mos. ago, and I am faced with losing it if he refuses to continue paying his share. I WISH I could buy him out or buy on my own, but that is impossible at this point. I did own my own home before we met, then we sold it to buy this new home. the equity was spent on an alaska cruise, new appliances ect... not in the new home so I am screwed now that he is gone! Lesson learned.

I was told that I had to have a separation Agreement before I bought the house I'm moving into this Sat. She could lf screwed me big time, and not signed. But of course the agreement also has how much she gets, so she signed it.

I live in Canada, so the rules may be different. But I had to have a legal separation agreement, and had to provide a copy, before I would be considered for a mortgage. They needed to know my financial obligations wrt to the separation.

Here in Ontario, we were 'legally' separated on the date we chose, even though the paperwork wasn't done.
I signed a quit-claim deed on the marital home, putting it just in his name, and then went on to buy my own. I have been in it 1 year (next week) and we are only just getting the final signatures on the agreement.

I know things are different in the States, and in each state, so ask your banker if you don't have a lawyer you can ask.

The laws do vary by state. I bought a house while separated and thought I was protected as I had it in my name only and was obviously paying for it with my money only. Come to find out it was considered "marital property" since we were still married. Luckily, he didn't lay claim to it, however. I told him that if he did, I would try to get our student loans that were acquired during the marriage split between us too. With my debt load, he would NOT have come out on top. LOL