If you and your spouse have already resolved your ED issues and the closing will not be scheduled until after the divorce is granted then there should be no problem. If you and your spouse have not resolved ED and are presently in litigation, then any money you use for the down payment could be considered marital property.
As far as the title of the property goes, if you are divorced his name will not be on the deed. Make sure you do not schedule the closing too close to the date of the divorce in the event it is delayed for some reason. Good Luck.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.