Legal Question in Family Law in California

You should speak to an attorney.

When you say you are not legally separated, it is not clear whether you have filed an action for legal separation, or are physically separated and thinking about dissolution.

To keep the property characterized as your separate property, you would have to purchase it with money that was also your separate property. Income and earnings received during a marriage are never considered separate property. You must be careful not to commingle separate property with his property, or with community property, or a court could find that the community owned the entirety.

Most attorneys would also advise you to make the purchase after a separation, and to keep title in your name.

There is no way to answer your question without sitting down and going over your assets and accounts in detail. You need to consult with an attorney.