If I buy a home while my husband and I are separated and not living together, is that home marital property?

Well, that depends. If you bought the home while you were separated, your husband is not on title to the property and you used only your own separate assets to buy the home, I believe most courts would be inclined to treat the home as your separate property. On the other hand, if you husband is on title to the home or you used jointly-owned funds to buy the house, it could be determines to be a jointly-owned asset. On another point, even if you did make the original down payment with your separate property funds and you have made the loan payments from your own income while separated, if you did get back together and then started making the payments from a joint account held by you and your husband, the court could hold that a portion of the value of the property is jointly owned. The best way to avoid a problem on this issue is to insist on a written agreement with your husband before you get back together.