Buying a new property before divorce

I have a question about buying a property before divorce. My husband bought a house prior to our marriage. I could never get my name on the deed or loan even though I tried. We have been separated over a year now and I know I could file for divorce. I’m currently in the process of starting to buy my own home. Will he have any access to this property or be able to get any money from it if I do not divorce him before I purchase?

No, but he will need to sign a free trader agreement waiving any possible marital interest and so you can title the property in your sole and individual name. Otherwise, you can wait to purchase the real property after the divorce and he will not need to sign the free trader agreement.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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