Greetings. First, the house is separate property of your husband, although it may have substantial marital equity. On the other side, it may have very little equity if you have mortgaged the property up to the full value.
Next, unless he will agree to sell the house to you (meaning you refinance the house solely into your name and pay him his share of the equity) then no, it is unlikely you will obtain the house in a settlement. No, the court will not “just consider” you married at the time of purchase.
With houses, the options are for one to stay or for the sale to occur. My advice, although not what you want to hear, is for you to start looking for another home which you may want to purchase after an agreement is entered between you and your spouse. 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.