Home > Expert advice > Real estate questions > I am going through a divorce. We sold our house, which was a common property. With the share of this money that comes back to me, can I buy a property alone?

I am going through a divorce. We sold our house, which was a common property. With the share of this money that comes back to me, can I buy a property alone?

Divorce proceedings

You are married in community of property and your house was a common property: in this case, the money from the sale is also common. It will be divided between you and your ex-spouse when the divorce is pronounced and your assets are divided.
You can buy a property alone but you finance it with money that is common and perhaps by using a loan: this property therefore enters the community.

You will have to wait for the divorce to be sure that this property belongs to you, either because the money that was used to finance it will have been allocated to you during the division, or because the divorce will produce its effects before the signing of the deed of purchase of this property.

Namely : to secure this purchase and act in your best interests, the lawyer to whom you have entrusted your divorce file is the designated interlocutor.

Good to know

Before the divorce is pronounced or the judge has provided for interim measures in the non-conciliation order, the spouses must live together (except in special cases, business travel, hospitalization). The spouse, who wishes to buy a new property to live in, will have to ensure that he is entitled to leave the family home without this constituting a fault, in which case there could be no mutual consent.