Marital Home


#1

My husband owned our home before we were married and it is in his name. We lived together for three years in the home and then married. When he cheated and decided to leave, he claims his lawyer advised him to move out and continue paying the mortgage until we divorce and then I would be made to leave and have nothing because it was his. I want to know if this is correct? I gave up my home to move in with him and I have furnished the entire home. Everything that is there belongs to me, except the things my current boyfriend has purchased for me. Can he take any of that?


#2

The home is his separate property as it was purchased before the date of marriage. However, if marital funds were used to pay the mortgage, the home does have a marital component and you can argue that you are entitled to a portion of the equity. Any furniture or personal property that was purchased during the marriage is going to be considered marital property and subject to division; he won’t simply get to just keep everything.

To learn more about how equitable distribution works in NC, read our article Equitable Distribution: The Details.