My wife and I married in January 2016. We separated April 2017. My name was the only name on the deed before the marriage. Her name was added to the deed three weeks before separating. My name is the only name on the mortgage. She cannot afford the mortgage. Who gets the house and how should I negotiate? There was verbal and physical abuse and she changed the locks on me to maliciously shut me out of doors.
If you bought the house before the date of marriage, then the house is your separate property. There could be a marital property component if your wife’s income contributed to paying down the mortgage, paying for improvements, etc. In that case, your wife could be entitled to one-half the value of the marital portion but you would likely keep the house (this does not take into consideration any other marital assets or debts).
Whose name is on the deed does not have a bearing on the distribution of a house in equitable distribution.
Marital fault is not considered in equitable distribution unless the marital fault had an economic impact on the marriage.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Thank you Anya! Very good advice here.
In regards to the marital fault, by her changing the locks and shutting me out of my home, I had to sign a lease to live elsewhere while I am still paying the mortgage on the home. Would that be considered an affect on the finances?
Marital misconduct can affect alimony. For example, if your wife would have ordinarily been entitled to alimony but you are able to prove marital misconduct to the Court, then the amount and duration of alimony that you would have to pay could be decreased or affected in some other way in your favor.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
On one half the value of the marital portion, here are the facts: Together 15 months, her name on the deed three weeks before separation and mortgage is $615 a month. I am paying all of the mortgage right now. Questions: Would half the marital portion be approximately $300 a month or less for a few months or just for the three weeks? Does what I am paying on the mortgage now count as credit towards that?
The house is your separate property since you bought it before the marriage, however there could be a marital property component to it if your wife’s income helped pay down the mortgage for example. In that case, one-half of any equity that your wife’s income attributed to could be considered her portion of the marital property component. Otherwise, the full value of the house (fair market value less mortgage balance) would be your separate property.
Any marital property value is not based on the amount of the mortgage payment and it is not based on when her name was added to the deed.
The mortgage is likely your separate debt if it was acquired before the date of marriage. You would get consideration for any marital debt (acquired during the marriage and for the joint benefit of the marriage) that you continued to pay after the date of separation.
Why would the deed not factor into who gets the house?
I understand what you are saying about half of the marital property component. I paid the mortgage but it could be argued that she contributed 1,000-1,500 to it.
On the value of the house, the fair market value is 65,000-70,000. The mortgage balance is approximately 75,000. So, there is no equity. How would this factor into the equitable distribution results?
NC law classifies property as marital or separate based on the source of funds used to acquire the property. NC law does not look at whose name is on the deed when classifying property for equitable distribution.
For a negative equity situation such as you describe, on a balance sheet in which the marital property and debt is listed with the corresponding values and each property and debt is distributed to Husband or Wife depending on who is keeping an asset or taking responsibility for a debt, then the fair market value of the house would be entered in the asset section and the balance on the mortgage at the date of separation would be entered in the debt section. A balance sheet will automatically consider this to be negative equity (fair market value - mortgage balance).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.