Hubby wants Divorce We have no Prenuptial


#1
quote:
[i]Originally posted by Sue[/i] [br]I have live here in this house 12 years and have been married to this man over 10 years, in Dec he said he wanted out, and he wants me to leave, when I moved in it was a shell of a 1939 house, I went right to work on repairs useing my own savings of over $20,000. My boyfriend(Don) his grandfather give us the house becouse of the work we was doingand all the money I put into the house useing my savings. Don was one that on Friday's pay day by Sat nite out with the boys he had no money,Don was not one to work on or around the house in side or outside, becouse we was not married at the time he deeded the house to Don incase he passed away before we married, One year later we got married and we never had the deed changed its still in Don's name. We have no Prenuptial, Do I have any rights to the house at all sence we never had my name on the deed, and can he make me leave, He said he was not leaving and I told him im not leaving. I do not want a Divorce I love my man very much, WHAT IS MT RIGHTS
......This is Sue again I for to say the 1939 house and land was only worth $20,000 it is now worth over $180,000 with all the hard work I did yes he helped some he knows nothing about fixing things and building, I just dont seam right for me to come away with nothing

#2

Dont leave. You have over 10 years of marital interest in the property. He can not make you leave but if you leave he can legally keep you from coming back in the marital residence. Dont leave without an agreement. Typically, you are entitled to 50% of ALL assets aquired since the day you were married including the equity in the home, you are also responsible for 50% of the debt accumulated since you were married.


#3

Dear Sue:

Greetings. If the house is in both names then it is marital generally. I hope that helps. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#4

I have live here in this house 12 years and have been married to this man over 10 years, in Dec he said he wanted out, and he wants me to leave, when I moved in it was a shell of a 1939 house, I went right to work on repairs useing my own savings of over $20,000. My boyfriend(Don) his grandfather give us the house becouse of the work we was doingand all the money I put into the house useing my savings. Don was one that on Friday’s pay day by Sat nite out with the boys he had no money,Don was not one to work on or around the house in side or outside, becouse we was not married at the time he deeded the house to Don incase he passed away before we married, One year later we got married and we never had the deed changed its still in Don’s name. We have no Prenuptial, Do I have any rights to the house at all sence we never had my name on the deed, and can he make me leave, He said he was not leaving and I told him im not leaving. I do not want a Divorce I love my man very much, WHAT IS MT RIGHTS