Buying property while married


#1

I have been married almost 4 years and things have gone from bad to worse, unfortunately my wife will not leave and as she has little interest in finding a job (not beneath her) I can’t afford to move out and maintain two residences for a year during separation so I am working on a plan B on that front but…

I have noticed a number of good opportunists on low priced houses and I would like to take advantage of one if I can do it without it being tangled up in the future divorce.

  1. Can I buy such an investment property without it being tied to my wife? I would be bought with funds I had before we were married>?

I live in North Carolina.


#2

No, she would have a claim in any property you buy before you are actually divorced. This includes any property you might buy during the separation. You should have her execute a Free Trader agreement with you, ideally as a part of the overall Separation Agreement. A Free Trader will cut off certain inchoate property rights that arise as the result of being married, which will treat you as if you were already a divorced person for the purposes of buying new property. It will not cut off existing property rights, but she wouldn’t have claim on property you buy after the date of separation. Do not buy more property until you get a Free Trader agreement or you get divorced.