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Roger
Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am buying land in Ga . I am Legally separated from spouse

Customer Question

I am buying land in Ga . I am Legally separated from spouse for 2 years who resides in NC . can I purchase the land (no house) as fee simple with no joint tenancy or tenancy in the entirety ? There will be a note .
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.
Yes, you can purchase the property in your name alone, and if you are legally separated under NC law, which means that you are living apart and have no intention of resuming the marital relationship (http://www.montylaw.com/north-carolina-family-laws/separation-laws.aspx).
Thus, anything you acquire after the date of legal separation is considered separate (non-marital) property......so it should be safe from any ownership claim from your spouse. Here's a good link you can read: http://dadsdivorce.com/articles/are-assets-acquired-during-separation-considered-marital-property/
The only real issue would be with the source of income.....as you must be able to prove that the money you're using to buy the property is money you made AFTER the legal separation....but if you're borrowing money and using your current wages to repay the debt, that should not be a difficult task.

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