Is this Marital Property?


#1

Somewhat of a grey area. Since you do not have a separation agreement addressing property I would think that you may have a “marital interest” in the condo. On the other hand, in NC you are separated from the day you move out. Paper or not.


#2

Dear rmpjr7:

Greetings. Well, I actually knew the answer, but looked it up in the statutes just to make sure before I answered. Here is my insight into this - Marital property is property acquired during the marriage (ie. after the date of marriage through the date of separation).

Now, it could be divisible property if some of the funds created during the marriage were used to purchase the home.

No, I don’t think that you would have an interest in the property and it would not be marital property. However, you may have an interest and it may be divisible property if some of the funds created during the marriage were used to acquire the home.

Best of luck … and what are you waiting for?

Janet L. Gemmell


#3

My wife and I have been separated over 2 years. There is no separation agreement, nor is there any free trader agreement.

She moved out of state and purchased a condo recently, which is in her name and another persons name. Is this marital property and do I have any rights to it?

Thank you.