# Property acquired post-separation **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [September 27, 2007, 7:39am UTC](https://forum.rosen.com/t/property-acquired-post-separation/5047 "2007-09-27T07:39:24Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [September 27, 2007, 7:39am UTC](https://forum.rosen.com/t/property-acquired-post-separation/5047/1 "2007-09-27T07:39:24Z")
You will have to have your stbx’s permission to purchase a home in your name alone prior to absolute divorce…quit claim I think it’s called. Assets aquired after the date of separation are considered separate. You would not be required to divide them. Nor are you responsible for any debts incurred after the date of separation. The date of separation should be the when all marital assets and debts stop increasing also. ---
**Author:** ![trbotina](https://avatars.discourse-cdn.com/v4/letter/t/aca169/32.png) [@trbotina](https://forum.rosen.com/u/trbotina)\ **Post date:** [September 27, 2007, 9:33am UTC](https://forum.rosen.com/t/property-acquired-post-separation/5047/2 "2007-09-27T09:33:21Z")
as far as what you already have, you can divy that up anytime you want. Usually the divorce will have a date everything should be done by, but there is no set time to take what is yours. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [September 30, 2007, 2:16pm UTC](https://forum.rosen.com/t/property-acquired-post-separation/5047/3 "2007-09-30T14:16:58Z")
The separation agreement is implemented as soon as it is signed, however sometimes it may have a while to complete all the required transfers. Some agreements specify a longer time period for the completion of certain acts, such as refinancing a residence. Until you are divorced you cannot purchase a home in your own name unless you have signed a separation agreement or your Husband has signed a free trader agreement. If you use marital funds to purchase a home, then you will have to account for that money when the marital estate is divided. If you purchase the property in both names, he would have an interest in that property. Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![mickapoo](https://avatars.discourse-cdn.com/v4/letter/m/a9a28c/32.png) [@mickapoo](https://forum.rosen.com/u/mickapoo)\ **Post date:** [September 27, 2007, 6:09am UTC](https://forum.rosen.com/t/property-acquired-post-separation/5047/4 "2007-09-27T06:09:46Z")
My question is two fold. Once we separate and come up with a settlement agreement, do we then implement it? I.e. divide up our assets, sell our house, whatever… or do we wait until the divorce is final (in one year). If we do divide up everything when we first separate, what happens to assets that are acquired during the year long waiting period? For instance, if I purchase a house, will I have to then split the equity of that house with my soon to be ex-spouse? Thank you for your time. Evelyn Wilkerson