Division of Property Question - Not Yet Married


#1

Sorry if this question has been answered elsewhere, but I just discovered this forum. I bought a condo in CLT shortly after proposing to my then girlfriend, now fiancee. I earn a lot more money than she does (and have better credit) so I am the only one on the mortgage. Given our salary disparity, I pay 100% of all mortgage and HOA.

She is currently not on the deed, but has mentioned wanting to be added after we are married in a few months. Is this wise? In the event of a divorce, is the property going to be considered marital even if she is not on the title? Last question: will she still be entitled to half even though she has paid nothing towards the property?

Thanks in advance for your advice.


#2

If you deed the property to her, it is considered a gift to the marriage, and the entire value of the property will be marital. Even if you don’t deed the property to the marriage, if you pay down the mortgage during the marriage with marital funds, you will convert a portion of the property into marital property.


#3

Your alternative is a Prenuptial Agreement drawn up by an attorney…