Is my house considered marital property if?


#1

Dear mpcv:

Greetings. It sounds to me like you have a difficult situation. First, all the real estate was purchased in your spouse’s sole name prior to the date of marriage, and therefore is separate property. Now, since many of the payments were made during the marriage, the property likely has marital equity, which he must compensate you for, but all the property is still separate. You may have a claim under real estate law to recover the $6,000.00 you put down on the house prior to the marriage. I would recommend that you also consult a real estate attorney, as well as a divorce attorney to review the entire marital estate, before you make any decisions on separating. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

Janet -

Thank you for your response. I do have one more question. The reason I am thinking of seperating is because my husband is an active alcoholic, he was sober and in AA when we married, and was sober until a month ago. My life is a roller coaster right now, one day good the next horrible. If I am able to persaude him during a good period to go ahead and have my name added to the deed would it then be considered 100% marital assets? I do not want a divorce but with the way things are going I am not seeing to many other options.

Thank you
M


#3

Dear mpcv:

Greetings. Yes, I think that having your name added to the deed will create a presumption that the house and the equity therein is a gift to the marriage. Remember that this is a “presumption” and can be disputed at a trial. Best of luck and I hope that your spouse gets back into treatment.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

In September of 2002 my husband and I bought a house. At the time we were engaged. I put $6000 of my own money down, his mother lent us $4000 and he did not put anything down.

The day we went to closing they informed us that the loan company had only approved my husband and not I, even though all of my income info was used to secure the loan. They would not allow for my name to be put on the deed at the closing. Since we were getting married in November our lawyer told me to wait until I changed my name and then we could add my name to the deed, so that I wouldn’t have to redo the deed when I changed my name.

We were married in November of 2002. Since then I have made all but about 3 of the loan payments on the house. However we never bothered to put my name on the deed.

I am considering leaving my husband and I need to know where I stand because I can’t afford to loose this house.

We also own 2 pieces of property. Both were purchased before our marriage, but while we were engaged. One was bought and paid in full at the time of purchase. The second one has a mortgage. I have not made any loan payments on the second piece but because I pay every other bill except that and his car payment he is able to afford the land payment. Do I have any rights to a claim on that piece of property?

I have thought that if he would agree to let me take the house then I would not question the land. He has made it clear he feels I have no right to anything because my name isn’t on any of it. Each piece of land is valued at $190,000 and our house is valued at about $135,000.

Any help you can give is much appreciated.