I am going to answer assuming the pre-nup does not address this issue,however it is unlikely that the pre-nup doesn’t address this issue. If the pre-nup distributes the house to her it may very well say that she receives the house and any and all equity in the house.
If the pre-nup does not address the equity then you would be entitled to receive one half the value of any increase caused by your active work. This is not the entire increase in value, but the increase due to the work that you have put in. It is likely you will need an expert to help with this valuation. If she used her separate property to pay the mortgage and can trace those payments, then any decrease in the mortgage as a result of those payments are her separate property.
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Helena M. Nevicosi
Attorney with Rosen Law Firm
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Raleigh, North Carolina 27607
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Charlotte, NC 28262
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