Marital Property - Few Q's

North Carolina Divorce Law Divorce and Separation Answers
1

Dear L2see:

Greetings. I am sorry to hear about your situation.

  1. There is a presumption that you have gifted the property to the marriage. My suggestion is that you negotiate with your wife about how this should go, with your position being that she should not receive those funds.

  2. No.

  3. Yes, if they remain in your name. If you move out, let her know what date she will need to change the utilities into her name. Let us know if we can help you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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

Been married less than 2 years with no children and the situation is deteriorating. Before I move out, I will hire an attorney for a sep. agreement, etc. I owned virtually every item of value prior to marriage and contributed 90% of the income. Paid mortgage on our house (originally in my name, spouse moved in) 5 years and bought two cars (cash) prior to marriage. During our marriage, we refinanced and took a home equity loan. We jointly titled and added spouse’s name to the deed, new mortgage and the home equity loan. We jointly titled the vehicles and my spouse is using one.

  1. Because we changed the deed on the home, will I now have to split the equity accumulated prior to marriage ?
  2. Will the vehicles be viewed as marital property?
  3. When I move out, will I be responsible for any utilities (they are all currently in my name)?