I live in a community property state. I would like to buy a business that is not in a community property state. Can I file for divorce and buy the business and my spouse have no claim to it. Or do I have to wait until the divorce is final to buy the business?

  • Are you legally separated? – Ron Beyer Nov 9 '18 at 15:03

This may depend on the state that you and your spouse reside in.

For example, in Arizona, any property acquired after the other spouse is served with a petition is the separate property of that spouse if the petition results in a decree of legal separation or divorce (dissolution). It doesn't really matter where the physical property is located, be-it in a community property state or not.

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    Does the manner in which the property is acquired matter here? For instance if the property is acquired using funds that were held prior to serving the petition... (It seems this raises the question of if/when/where you may be allowed to use community property during the separation process.) – Mr.Mindor Nov 9 '18 at 22:54
  • @Mr.Mindor I'm assuming that it would matter very much. If marital funds were used to procure the loan (down payment, closing costs, etc), then the spouse would be entitled to at least the amount of funds back. If this is something that somebody wanted to do, I would make sure that the funds used were not part of a marital account, the petition should list the balances in bank accounts and those should not be used for this purpose. – Ron Beyer Nov 10 '18 at 0:07

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