BIC TIP #1246: Married Until Divorced

This one sounds obvious until it is not: in North Carolina, if you are married, you stay married until you are divorced. Stephen Long regularly fields questions from buyers who have filed for divorce and want to purchase a new home. The catch is that separated still means married, and that has real consequences for who has an interest in the property.

Separation Is Not the Same as Divorce

In North Carolina, couples generally have to be legally separated for a period of time before a divorce can be finalized. During that waiting period, life goes on. People move out, start fresh, and often want to buy a place of their own.

Here is the problem. While you are separated, you are still legally married. Filing paperwork or living apart does not change that status until the divorce is actually final.

Your Spouse May Come Along for the Ride

According to Stephen, if a separated buyer purchases real property without making other arrangements, the legal spouse may have an interest in that property. That is probably not what the buyer had in mind, unless, as Stephen jokes, the couple plans on getting back together.

For a buyer trying to start a new chapter, discovering that an estranged spouse has a claim to the new home could complicate the divorce, a future sale, or a refinance.

Talk to an Attorney Before Making a Move

The good news is there may be options. Stephen mentions that a separated buyer can talk to their attorney about possibly getting a free trader agreement or other arrangement that allows them to purchase real property without their legal spouse acquiring an interest in it.

This is legal territory, not brokerage territory. As the broker, your job is to recognize the issue and encourage your client to get proper legal advice early, ideally before they are under contract and the clock is ticking.

Spot It Early in the Conversation

When a buyer mentions they are going through a divorce, separated, or recently moved out, that is your cue. Ask whether the divorce is final, and if it is not, recommend that they speak with their attorney about how to buy the next property. A quick referral can prevent a very messy surprise later.

The Practical Takeaway

Separated is still married in North Carolina. A buyer who purchases before the divorce is final, without proper arrangements, may give their spouse an interest in the property. Send separated clients to a real estate or family law attorney before they buy, and keep your advice on the brokerage side of the line.