Mortgage Debt

The increases to the value of the home due to the efforts you put forth after the date of separation are your separate property. In addition, if you reduced the principal on the first or second mortgage after the date of separation, this decrease will be your separate property.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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My wife moved out of the house 2 years ago. She rented an apartment and paid her monthly bills. She did not request any monthly payments. We are now trying to work out a settlement. Since the DOS, I have paid our mortgage. I made extra payments for a short period of time and I have also made some significant improvements to the home.

The house is now worth significantly more money. Does the present value of the house get equally split between the two of us? Do the mortagage payments and second mortgage payments that I made count toward my side of the balance sheet? How are the improvements that I made to the home and its increased value as a result treated?