Greetings. The legal date of separation in North Carolina is the date that you both begin to live separate and apart and one of you has the intention that the separation will be permanent. You may have some problems proving the intention part of this, but generally you are already legally separated.
If you purchase the land with marital funds or assets, then she can have a claim to the property. If they put her name on the deed, then there is a presumption that you “gifted” the property to the marriage. She can always try to lay claim to the property, but property and assets acquired by either spouse through their efforts are separate if acquired after the date of separation.
My advice is that your son is already dealing with the separation, so you need to file for equitable distribution and divorce in North Carolina. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.