Damage to property


#1

If you have never changed the deed to your home and it has been in your name the entire time, then it is not a marital asset. If you have made payments towards the mortgage during the marriage and those payments have decreased the principle on the mortgage, then that decrease is a marital asset and you may owe him half. I can not tell you if you would be forced to give him any assets without reviewing all of your marital assets. The court would certainly take the damage he did to the residence into account when making a distribution of property.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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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.


#2

Married 4 years. No children from marriage. One minor living with me. My husband had sex with a woman (possibly prostitute) in my home, in my bed…she left her panties, since, I’ve learned of others and that he was arrested for soliciting prostitute. After asked to leave he damaged real property (thousands of dollars) and assaulted me…he was arrested. Since, he has broken windows and doors to the home, damaged property under the home, violated protective orders and probation, keyed my vehicle, harassed me and threatened to kill me. He was finally sentenced to 1 year in jail after months of this.

I had my home many years prior to our marriage…will I have to surrender any thing to him, seeing that I have thousands of dollars to pay to repair as well as the mental distress?