Legal Question in Real Estate Law in New Jersey

Re: Buying a home before divorce

There is no status known as "legally separated" in NJ. I suggest several things, any of which should work. Since you will/should have one anyway, work out a Property Settlement Agreement with him, in which he acknowledges you will be purchasing a house and he waives any claim to it, as well as recognizing that the property you will be buying is not to be considered as marital property subject to any marital claims if and when you get divorced. Simpler is to have him give you a notarized document stating essestially the same things. You might also have him give you a "Quit Claim" Deed, simultaneously with your closing in which the consideration is recited to be less than $100.00, and contains some reference in it that he, by its execution, he is giving it to waive any marital claims he may have to the property. A matrimonial attorney may have additional suggestions.