If you are married under a community property regime it is very difficult to buy real estate alone because the presumption of community attached to all property acquired during the marriage persists during the divorce proceedings. The property purchased will be presumed common until the judgment of divorce
However, there are two options:
- buying real estate with own money (such as a donation or an estate)
- or asking the judge to determine the effects of the judgment on the date on which the Spouses have ceased to cohabit and co-operate, that is, on the date of their separation. This solution is however very risky and is not advisable because the determination of ownership of the purchased property will remain uncertain until the divorce is pronounced.