Equitable Distribution

U can waste your money on lawyers and courts but, I doubt any judge will give you any relief. Get on with your life and put him in your past. He has every right to provide a place for himself to live just as you do.


FYI: In North Carolina, and property purchased while married must have both names on the deed. It does not necessarily give you any rights to the property unless you can prove he used marital funds to get it. It’s up to you whether or not it’s worth getting a lawyer to look into “your fair share”. If you have legal counsel, I would get their advice.

Dear loriluau:

Greetings. While a couple is married and they buy property, there is a presumption that the property is marital. However, this presumption can be rebutted and in your case, quite easily since he bought the property after the date of separation. He may have committed fraud, but I cannot advise on that and I would suggest that you speak to a criminal attorney or the district attorney in your county if you have questions on criminal law. Good luck.

Janet L. Fritts
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

301 McCullough Drive Suite 510
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


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.

My husband and I separated in December of 2004. He bought a new condo a few months later but as far as I know, I am not on the deed, and he probably said he was single. Do I have any claim to this condo? Did he commit fraud when he bought this condo without my name on the deed? Thank you for any advice you may have on this subject.