Generally, property owned before marriage is separate property. However, if marital funds were used to increase the equity in the home (by decreasing the mortgage amount), he may have an argument that he is entitled to his portion of the increase in equity.

The car is marital property if it was bought with marital funds, regardless of how it’s titled. If you and your husband agree, you can have an agreement drafted dictating the division of property however you wish, including a refinance provision.

Hope that helps.

David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

I bought my house before I even knew my husband. When we married I refinanced it. Does he have any rights to the house being that I bought it before I knew him and I have paid every cent of it myself? Also, I bought a car for him but it has me as the primary owner and him as the co-signer. The title and everything is in his name. Can I have a lawyer write up documentation that he will promise to refinance the car into his name only within 6 months of the seperation? Thank you, Courtney