Buying a house before divorce is final


My first thought is why haven’t you divorced yet, and it should not be considered marital debt if you can prove that you have live in different addresses in the past 4yrs, and as long you are not using martial funds to purchase it, exampl: selling the martial home and using the profit to buy another home.


Most likely you will need at least a “free trader” agreement in order to purchase the home without having your spouse have an interest in the house. However, it is probably a good idea to instead think about finishing the property issues by getting a signed separation agreement as well.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


Hi ~
My husband and I have been separated (physically, not yet legally) for just shy of 4 years, and, very recently, I have been led to a house that I am interested in persuing, however, I would like to ask if there is a document, or waiver, that we could both sign which would allow me to purchase a house in my own name without it being considered as “joint” property? For example, my husband purchased a new Honda earlier this year and someone advised me that it is 1/2 mine. I am not the least bit interested in the vehicle, nor would it have crossed my mind that I had any entitlement to it or it’s value. My primary concern is, in the eyes of NC Marital Law, are there options available for situations like this? Unfortunately, time usually is of the essence when dealing with real estate ~

Thank you for your time !
With Sincere Appreciation,