Legal Question in Family Law in North Carolina

What do you mean by "not legally separated"? NC does not require that spouses get a judicial decree to be separated. All that is required is that they live separate and apart for a year and a day before filing for divorce.

I suggest that you and your spouse have a property settlement agreement or a "free-trader" agreement which would permit you both to acquire real property. While property acquired after the date of separation is generally non-marital, the increase in value could be subject to division. Its thus better to either wait for your divorce or get a property settlement agreement in place and then purchase.