Home owned prior to marrige

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Squire8:

Greetings. I think that you are fine taking a mortgage on your house. There is marital equity (which can be figured out by appraisals, amortization schedules, etc. As long as you don’t take all the equity back out I think that you will be fine. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

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

I purchased my home in 1994. I married in 2001 with having 80% equity already in the house. My spouse and I have continued to live in this home since we were married. She has never been on the mortgage or title. The mortgage is now 100% paid. However, I now need to raise some capital. My wife and I are not now seperated, but have serious problems which may lead to seperation/divorce soon. Would taking a new mortgage (in my name only) damage my future rights in this valuable asset? Or is it best to leave things as is and raise capital elsewhere?