He owned marital home before

North Carolina Divorce Law Divorce and Separation Answers
1

You are entitled to any equity created by payments that were made towards the mortgage during the marriage. If you made active improvements to the residence and those caused an increase in the value then that increase in value is marital property.

If your spouse if not willing to share these funds with you, you may need the assistance of an attorney who can help you assert your equitable distribution rights.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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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.

2

You are entitled to any equity for the six years you lived in the home and helped financially. You are also entitled to equity in the home improvements provided you have proof that you made efforts to increase the value of the home.

He had no right to destroy any of your possessions. Without the house titled jointly, you cannot remain in the house. The house is his separate property, but your possessions belong to you. However, keep in mind that any “gifts” given to you during the marriage are subject to equitable distribution unless he specified at the time of the gift that he intended for the gift to be solely yours. I doubt that happens very often. Just a heads up.

3

My husband owned our marital home before we married. I lived there for 6 years, and helped to pay a few thousand left on the mortgage. I also helped to improve, and build on to home, with marital funds, and with physical labor. We are divorcing because he became a drug addict, and was increasingly violent. I didn’t leave him, but he changed the locks one day while I was gone, and told me not to come home. I never got to go in the house and get any of my things, because the house is in his name. ( the police told me that, after I got a restraining order!) I heard that he removed and threw away everything in the house, in a rage. My question is; Is there a situation, or circumstance that might entitle me to a portion of the increase in value of that (his) home? There are so many more factors in my favor, to many to list, but it can’t be so hopeless. Can it?