House only has my name on


#1

The deed to our house only has my name even though we bought is 7 years ago. At the time my husband did not want his name included.
Having issues in our marriage now, he has decided he wants me to add his name. What happens if after his name is added he asks for a divorce? Or can he sell it by himself?
I am going to visit my daughter and grandkids in Michigan.
Right now he says he doesn’t want a divorce but the truth is sometimes a trick with him.
Just not sure what to do. The house is in NC but we were married in MI in 2009.
He just keeps pressuring me to add he name and leave mine also.
Thanks for your time. It is appreciated.


#2

For separation and divorce purposes it does not matter whose name the house is titled in. Generally property acquired during the marriage with marital funds is marital property and subject to being divided in equitable distribution.

Assuming your house is marital property (acquired during the marriage with marital funds), then whether your husband’s name is on the deed or not, he would still likely have an interest in the residence in equitable distribution.

With both names on the deed, your husband would be unable to sell the house by himself.


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.


#3

Would the house have to be sold at fair market price? And does he have to divide the money for the sale. There is no mortgage. I could see him selling it to his mom or adult kids for pennies.


#4

A house does not have to be sold in the event of a separation and divorce. The marital assets are distributed to the spouses using each asset’s fair market value as of the date of separation.

The price that the house is sold, if it will be sold, is mutually agreed by the parties. It is a good idea to have a separation agreement or consent court order in place before any marital assets are sold and/or distributed.


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.


#5

I got married on 05/19/07. I brought my house and signed the paperwork with ONLY my name on 03/30/07. I wasn’t married at the time I purchased my home. My question is do I have to include my house in the divorce proceedings? I thought that what ever you got from the time you say I do to the time of your divorce, that is what supposed to be divided between the both of you. Can you please respond to my question.


#6

Your house may have a dual classification of both marital property and separate property.

Any property acquired during the marriage which is not an inheritance is marital property and subject to being divided in equitable distribution. Any property acquired prior to the date of marriage is separate property.

Your house could also have a marital property classification if your spouse’s income helped pay down the mortgage and make improvements to the house.


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.