Asset question - please help


#1

Hmmm. Not so sure about the house. I’d say that if you were on the deed for the house, then yes, you’re probably entitled to something.

As far as the business goes, if he incorporated after the marriage, anything from the point of incorporation on, you should receive some amount of compensation for.

For how long were you married?


#2

4 years.


#3

4 years…if he was the supporting spouse that would make it likely that you could obtain alimony for about 2 years depending upon all circumstances.

Yes, your friend is right that any money you put into the household was a gift to the marital estate. The land is probably your husband’s outright and you won’t get any money for the land value itself.

However, for the value of the house itself, since you are on the deed of trust, you should be entitled to something, even if it’s only that part of the increase in value of the estate from the time of marriage.


#4

If you are also on the deed you are entitled to one half the value of the house. If you are not on the deed you would be entitled to one half the reduction of the mortgage balance and any increase in value that was do to active efforts that took place during the marriage.

Since the business was incorporated after you married it is marital property and would be 100% marital.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Husband had land and a 90% complete house before marriage. He obtained mortgage to pay off construction loan after marriage, and I am on the deed of trust for the house. Am I entitled to any of the value of the home? Loan was for $200K, home is valued at $400K.

Also, he was working as a general contractor before marriage, after the marriage he incorporated. Am I entitled to any of the value of the business?

Please help, he is trying to force me out of the house for no reason, with no money. An attorney friend told me all the money I had put into the household was a “gift” to the marital estate, but that does not make me entitled to anything.