Buying property after separation

North Carolina Divorce Law Divorce and Separation Answers
1

Dear seagull:

Greetings. If your separation agreement was properly drafted and includes the correct waivers and releases, then you can purchase property and your soon-to-be-ex cannot make a claim against the same. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.

2

Hello,

I have been separated for a year, my husband and I signed the separation agreement (not filed with the court yet though), and we are about to file for absolute divorce.

I want to buy a house and since it may be a while until we get the divorce, I would like to know if my husband will be able to have any claim on the house that I buy after having signed the separation agreement but prior to been legally divorced?

Is there anything I can do (apart from holding on until the divorce) to make sure he does not?

thank you