Home Ownership and abandonment

I own the marital home and her name is not on the loan or deed. The original plan was for her to remain in the home until it sold. However, she decided to move out of the home and transfer any bills that were in her name to mine. I continue to pay all the home related bills. Now she is asking for half of the home sale and if I choose to keep the house that I buy her out.

She left the house a mess when she left and 2 living cats that I had to re-home. They made a mess as well. I took video of all the house.

Is she authorized this entitlement?

The distribution of marital property is 50/50 unless equal is not an equitable distribution. It is presumed that 50/50 is equitable.

She is likely entitled to 50% of the marital value of the home but it is not likely that she is entitled to more than 50% of the marital value of the home unless she can prove a distributional factor that would show that an equal distribution is not equitable.

For a list of the distributional factors, check out our article Is the Division of Property Always Fifty-Fifty?


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 for the reply. So just to be clear, there is no way that this home would ever be considered just my property?

If the house was purchased during the marriage (between date of marriage and date of separation) and it is not an inheritance or purchased solely with traceable inherited funds, then the house is marital property and there is no argument for you to make for it to be your separate property.


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.