Buying house


Generally you cannot buy a house in your own name while you are still married unless your spouse signs a free trader agreement. If your spouse executes a free trader agreement they would not have any interest in the house.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


So what you are saying is this, If he buys a house before we are divorced, (there is no agreement worked up yet) then i can go after part of the home.

I think he is buying a house with his girlfriend.


If you have not signed a free trader agreement, or a separation agreement stating that you relinquish all rights to future property purchases, and you are not legally divorced, then your name should be required on the deed. I know that this happens but there should be a way to let the lender know that you are not legally divorced.
I don’t think you would have any “rights” to it, but your name would need to be on the deed and if you want to force him to wait until you are divorced, then do not sign any papers.


I have never received a proper reply, but I signed no free trader agreement and the ex purchased property (a house) 5 months after the separation. The issue was never addressed nor have I ever been able to find out how he could do this. But, he did. One of the attorneys on here told me eons ago that she would “research” this, but to date, I’ve never received any kind of answer.


Lostinspace: Did you have a separation agreement? If so, USUALLY the verbeage is worked into the agreement concerning purchasing property. It’s not a separate agreement. Try looking at your agreement and see if that issue is addressed in one of those confusing paragraphs.

If you did NOT have a separation agreement, then a separate document would have to be produced for your signature. Like Helena said, generally property can’t be purchased before divorce without one of those above agreements.


STBX told me that he is holding off on having the deed transferred, can this be done? If it is a house in IL and IL has the same laws as NC then what can I do? I don’t know the lender who is he going through. He lied to me and I did some research but nothing he is saying seems to be true.

The house he said he was buying is under contract by someone else. I called the listing agent. I think he is trying to throw me off. I don’t think it is fair for him to be threating me with this and that but then again going around and buying things when we don’t even have a seperation agreement at all.

All we have is a temp custody/visitation order.

I need some help on how to go about finding out on how to find out information.


Had same sit as lostinspace. My XH DID manage to buy a house (a quite expensive one too) just 10 days after he left the home and separated. Absolutely no separation agreement was made up. He did use our marital funds for the down payment and now, 2 years later, he is suffering for it. He is not paying his support and we have a lien on his house as it was purchased with marital money. He has the house up for sale now as he can’t afford the mortgage and his obligation to family #1. So, his karma bus is coming.

But the answer is YES, they can buy a house. I just remember asking the reactor about it after it was done and she commented he put a large down payment on it - maybe that is why they allowed him to purchase it - who knows?


Thank you Tarheel. I hope you get what is owed to you.

I still would like to know if he can put off having the deed transfered. Right now he is on pins and needles because I told him unless he stops threathen me, I will let this divorce con’t on thru the one yr mark. I have no one and no plans, just the kids and I…lol

Right now he is holding off on buying a house. He just lied last night and said that he hasn’t picked one out yet. Well I honestly don’t even think he picked one out at all. He has bad credit and no job.

But, if by chance he is getting a house, can he hold off on the deed transfer?


If no divorce is filed and one spouse buys a house, can the other spouse have any rights to it?