ED of home bought prior to marriage


#1

Dear Sha4199,

I am assuming from your post that you either bought the house in both names or after you were married you changed the title into both names. In either case he would be entitled to half the equity in the house, unless you had an agreement that stated otherwise.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Hmm. What about this scenario?

-> Purchase of a home in 1997 by wife

-> We’ve lived together (mostly) in the house since 2000.

-> We got married (officially) in 2004

At this point, the house (mortgage, deed, everything) is in her name.

I however have put a lot of sweat and money into into it (paid 1/2 the mortgage etc.). Should we go our separate ways (which I hope we don’t), how is my share of the home calculated?

Thanks
Mooshi

I’m looking for reassurance or maybe a constructive way to approach this topic with my wife. Especially if we refinance or renovate in the years to come. Thanks again.


#3

Dear Mooshi,

Your share of the home would be limited to the reduction in the principle of the mortgage from the date you got married and any appreciation that was made by your “sweat equity.”

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

My husband and I are in the process of seperation. I bought the house before the marriage (my name is only one on the mortgage), however both names are on the title/deed to the house. He is willing to let me keep the house, however wants half of the equity accumulated since the purchase. What is he legally entitled to, and what needs to be included in the seperation agreement in this regard?