Law regarding property


#1

When I married my husband in September 2015, I moved into his house (I had been renting an apartment for years); my question is, if we were to divorce in less than 3 years, would I get half the house and half of his land that he owns in the mountains, or would I not be entitled to any of that since he already owned that when I came into the marriage,(and because we would have been married for such a short amount of time)?
I’m asking, because I told him that I will give him the majority of my paycheck each month to work on paying off his substantial credit card debt, which he had before we got married, but I don’t want to pay that off, if I’m not entitled to anything of his, if I divorce him.
After I married him, I found out that he had lied about some very important things, and I can’t seem to get past the resentment I feel toward him, (even though we have tried counseling), and I am not sure if I can stay in this marriage, mostly because it is ruining my health! Thank you in advance!


#2

The length of the marriage does not matter when dividing property because of a separation.

It sounds like your husband’s house and land is his separate property because he acquired them prior to the date of marriage. In that case, you would not be entitled to the property. However, if while married, your income contributed to paying down the mortgage and/or contributed to help make improvements, then the property may also have a marital property classification in which you would be entitled to one-half of the marital value.

You are not responsible to pay for your husband’s credit card debt that was accrued prior to the date of marriage.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

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