Damage to property

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
919.787.6668 main phone
919.787.6361 main fax

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

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Chapel Hill, NC 27514
(919) 321.0780


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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?