# property division



## 265105 (Oct 30, 2016)

Married 3 years, separated 10 months. She moved to OH. I still live in PA. Neither one has filed yet. We have zero marital assets. She took the cat and the Keurig and neither one of us owns much else. We never owned a home together. I am signing a contract to build a home in OH in the very near future. There is a chance we can reconcile and live as a family in the home. If not, how do I keep her from taking a home that's not in her name, that she never lived in, and didn't pay one dollar for? I cannot afford to support two separate households and am not going to pay for a home I don't live in.


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## AtMyEnd (Feb 20, 2017)

carterbeauford said:


> Married 3 years, separated 10 months. She moved to OH. I still live in PA. Neither one has filed yet. We have zero marital assets. She took the cat and the Keurig and neither one of us owns much else. We never owned a home together. I am signing a contract to build a home in OH in the very near future. There is a chance we can reconcile and live as a family in the home. If not, how do I keep her from taking a home that's not in her name, that she never lived in, and didn't pay one dollar for? I cannot afford to support two separate households and am not going to pay for a home I don't live in.


I'd check your states laws before you sign to build the house. Was the separation a legal separation with a signed agreement or did she just move out? If there was a signed agreement for the separation you should be safe.


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## arbitrator (Feb 13, 2012)

carterbeauford said:


> Married 3 years, separated 10 months. She moved to OH. I still live in PA. Neither one has filed yet. We have zero marital assets. She took the cat and the Keurig and neither one of us owns much else. We never owned a home together. I am signing a contract to build a home in OH in the very near future. There is a chance we can reconcile and live as a family in the home. If not, how do I keep her from taking a home that's not in her name, that she never lived in, and didn't pay one dollar for? I cannot afford to support two separate households and am not going to pay for a home I don't live in.


*Check to insure that neither of these states have existing community property laws! 

Check with an attorney in your home domicile to be advised of your existing property rights. Then get with a lawyer in Ohio, where it is that you intend to build!*


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## 265105 (Oct 30, 2016)

I don't think there's any such concept as legal separation in PA. Not sure about OH. She just moved out and took everything she felt was hers.


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## zookeeper (Oct 2, 2012)

Why haven't you filed for divorce yet? What is the point of the separation ?

Leaving this marriage hanging risks more than a house you don't own yet. Look up "joint and severable liability" sometime. Make sure you have a clean pair of underpants nearby when you do.


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## Taxman (Dec 21, 2016)

See a lawyer and ensure that as long as you are separated, your finances are separate as well. There may be several undertakings that you may execute that will keep any assets you accumulate while separated safe from your ex spouse. If you are intending to move her into the property, you may want to look into several agreements wherein if there is a marital failure, you are able to emerge with your assets intact.


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## Ursula (Dec 2, 2016)

I'd probably hold off on building said home until your divorce is final. Some people will fight dirty. If you're hell bent on building the home though, or if it's already started, talk to a lawyer and find out how you can protect yourself.


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## ReturntoZero (Aug 31, 2015)

carterbeauford said:


> I don't think there's any such concept as legal separation in PA. Not sure about OH. She just moved out and took everything she felt was hers.


In this situation, you can likely get a quick divorce. if not in Ohio or PA, there are friendlier venues in Puerto Rico and nearby island nations.

If you're "only" talking about protecting yourself, this is the right path. Then there's no question about property before any ground is broken.

But, it sounds like you're talking about more than that.

Tell us why? If she's gone, why do you think she'll reconcile? And, why won't she pull the same crap again?


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## EleGirl (Dec 3, 2011)

carterbeauford said:


> I don't think there's any such concept as legal separation in PA. Not sure about OH. She just moved out and took everything she felt was hers.


If you are going to build a house, do you have some cash assets?

You have only been married for 3 years and were separated a year ago. You should be able to get a very quick divorce. It would state that you both have already separated your assets and have no joint assets. This is what I did for my marriage to my step-children's father. I used the forms on the NM state court self help website. It cost me $130 to file and the judge signed the final decree within a week. It's highly likely that your state has some similar process.

Check your state's court website. Also check on amazon.com as there are books to self help for divorce in every state. If you feel you need a lawyer, get one.

No assets to split.
No alimony become of the short duration of the marriage.
Are there any children?

Do the divorce before you sign the papers for the house so she has no claim.

If you get back together, see a lawyer about protecting your home.


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## EleGirl (Dec 3, 2011)

By the way, every year you remain married, you increase the likely hood that some sort of alimony could be ordered. So just letting a marriage hang like this for years is not wise at all.


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