Once the dissolution if filed, are there any limitations on the parties’ actions?
Yes. Once the actions for dissolution is filed, Automatic Temporary Restraining Orders (“ATRO”) are in effect. This means that:
- Both parties are restrained from removing the minor child(ren) from the state without a written consent of the other parent or a court order
- Cashing, borrowing against, cancelling, transferring, disposing of, or changing beneficiaries of any insurance
- Transferring, encumbering, concealing, and/or in any way disposing of real or personal property, whether community or separate without a written consent of the other parent or a court order
- Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to transfer without a written consent of the other parent or a court order
If the divorce is not final, and I operate a business that buys/sells property/real estate how can I continue operating it without violations of the ATRO?
You can continue to buys/sells through the business as long as it is in an ordinary course of business. You may not dispose of all and/or substantially all assets without written consent of the other spouse and/or a court order.
Can I buy a house with inheritance money before the divorce is final?
Yes. Make sure you do not commingle your inheritance money with any of the community funds. Also make sure that you can trace the funds with which you buy the house to your inheritance. If you buy the house before the dissolution status is finalized, then you will be taking title “as a married woman.” The other spouse will need to sign a quitclaim deed. To avoid any litigation, it is best to buy property, after your become single.