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Can spouses buy property separately?

I'm wondering if I can buy a property apart from my spouse. I'd like to get an investment property and I would like to know if I can be the sole owner of it. We do file taxes jointly if that matters.
Asked By Mark | Santa Barbara, CA | 69 views | Buying | 1 month ago
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Drayton Herold

KW Elevate Luxury

(16)

Yes, spouses can buy property separately, but ownership depends on state laws and financing requirements. In common law states, you can purchase property in your name alone, while in community property states (e.g., CA, TX, AZ), assets acquired during marriage may be jointly owned regardless of whose name is on the title. If financing the purchase, lenders may still consider your spouse’s financial details since you file taxes jointly. To ensure sole ownership, you can take title individually or through an LLC or trust. Some states require a spousal waiver to prevent future claims. Consulting a real estate attorney can help you navigate the best ownership structure for your investment. The information provided in this response is for general informational purposes only and should not be considered legal advice. I am not an attorney, and this response does not create an attorney-client relationship. If you require legal assistance regarding your real estate contract or termination rights, please consult a qualified real estate attorney or legal professional in your jurisdiction.

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