Marital/Separate Property


#1

The real estate, if jointly titled, is marital and is to be divided. The distributional factors of the equitable distribution statute should be considered in deciding how to divide the house.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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

My wife had a separate bank account before we were married, considered as separate property for our divorce asset division. After we were married, she took some of that money from the separate account to use for a downpayment on our house. BY NC law, is that money now considered marital property to be divided equally?