Marital Property Question


#1

Sorry for the delayed response.

The cars purchased prior to marriage are at least partially your separate property. Where earning during marriage are used to pay on a separate property debt, the courts have applied a similar method for determining that the marital estate has obtained at least a partial interest in the value of that car.

Any property that can be characterized as part marital, will be subject to NC Equitable Distribution laws up until the final judgment of divorce. Hopefully I answered your questions completely. Good luck.

Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.265.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com

4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice

301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100


#2

Hello I have a martial property question. I bought a new car in august 2004 which I got a loan to get the car. I am the only one on the title. It is also my primary car to get to work. I have one other car but that is in the post nup too. But it is not in working order. I was married to my wife in April 1st of 2005. I have it writen on the post nump that she doesn’t have any right to clam to this property, with the Vin Numbers of cars in the post nup. Would the car still be considered marital property? And also is any property besides real estate considered marital property after separation?