If I am separated and decide to buy a new home before the divorce is final, is that property considered

Domestic abuse is involved. It’s cheaper to buy than rent where I live.

Asked on May 22, 2018 under Family Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Even if separated, any property acquired during marriage is still considered to be marital property, absent a legal separation agreement to the contrary. Accordingly, you should wait to purchase a new home until your divorced is finalized. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes: separation is not divorce--you are still married. Any real estate purchased during marriage may be considered marital property. Even if it's economically a better idea to buy than rent now, don't do it until the divorce is final: paying a premium (so to speak) for a place to live is worth not having new home involved in the divorce.

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