Equitable distribution

North Carolina Divorce Law Divorce and Separation Answers
1

Dear justplaintired:

Greetings. Here are your answers:

  1. If when the house was refinanced, the DEED was also transferred into both names, then there is a presumption that the house was gifted to the marriage. If the deed was not changed, then the house is separate property with marital equity.

  2. No. Even if he changes the locks, she can just get the Sheriff to help her move back in.

  3. See number 1 above. You can research case law on line at westlaw.com or go to a law school library. Best bet is to hire an attorney to do the researching for you (since we have to go to school to learn how to do it, which do you think would be more effective?)

  4. This is not the case. You have been misinformed if you do think it is the case. The court can allow your spouse to keep the house, but will have to divide the marital equity in the property. Good luck with the research.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

IN REFERENCE TO QUESTION #2 CONCERNING IF THE HUSBAND CAN JUST MAKE THE WIFE MOVE OUT. IF THE HOUSE IS JUST IN HIS NAME AND HE PURCHASED IT PRIOR TO MARRIAGE (BUT SHE PICKED IT OUT AND HAS PAID 1/2 OF EVERYTHING SINCE MARRIAGE)COULD HE JUST MAKE HER LEAVE SINCE IT IS HIS SOLE PROPERTY? THANKS AND SORRY TO BE AGGRAVATING.

3

Dear justplaintired:

The answer is still NO. If she lived there, he cannot kick her out regardless of how the house is titled, etc.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

  1. PRIOR TO MARRIAGE IF HOUSE IS LISTED IN HUSBANDS NAME ONLY WHEN BOUGHT BUT 7 YEARS LATER A HOME EQUITY LOAN WAS TAKEN OUT AT A DIFFERENT BANK FOR VARIOUS REASONS IN BOTH NAMES DOES THAT MAKE THE HOME MARITAL?

  2. IF HOME IS IN HUSBANDS NAME ONLY AND THEY HAVE BEEN MARRIED FOR 11 YEARS CAN HE JUST MAKE HIS WIFE MOVE OUT?

3. WHAT FACTORS COME INTO PLAY WHEN HOME PURCHASED PRIOR TO MARRIGE THAT MAKES IT MARITAL HOME WHEN LOOKING AT EQUITABLE DISTRIBUTION? WHERE COULD I DO SOME RESEARCH?
4. IT IS SAD THAT IN NORTH CAROLINA YOU CAN MARRY SOMEONE AND PRIOR TO MARRIAGE YOUR NAME IS NOT ON THE HOUSE AND LIVE THERE AND PAY 1/2 OF ALL THE BILLS AND BE MADE TO LEAVE WITH NOTHING. HOW CAN THEY JUST GIVE THE HOUSE TO SOMEONE JUST BECASUE THEIR NAME IS THE ONLY ONE ON IT WHEN BOTH SPOUSES HAVE CONTRIBUTED EQUALLY?
THNAK YOU VERY MUCH![?]