Nc ed


#1

I have been married for 10 years. My husband and I are both retired and we don’t have children. I owned my home (no mortgage) before we got married. My husband and I have lived in this home as our primary residence since we married. A few years ago, I sigend over the property from me to him and me (we are listed on the deed as tenants of the entirety). Now, I want a divorce. I have two questions. One, do you think that a judge will consider the home separate or marital property? Two, if it is deemed separate property, how much do you think that my husband would be awarded? I’ve looked over the 12 points in ED and none of them appear to apply. We have about the same money. I paid for the house with my money; he has not paid for any of it. Will a judge consider that?


#2

The home is martial property, as your executing a deed to the both of you constitutes a gift to the marriage. Though the ED factors can be considered to affect the distribution, the home is martial in nature.


#3

Thanks very much for your response. I have some follow up questions.

First, since the court will classify the property as marital, who has the burden of pro0f that the division of property should not be equal? Do I have to present evidence that I deserve mor than half of the property or does he have to present evidence that he deserves half.

Second, would the fact that I owned the property before we were married play a role in giving me more than half? Could that fit in under one of the 12 provisions? Or, does the fact that I made a gift of the property cancel that out.

Finally, will the fact that I gave him the property so recently play a role? Will the judge care that it was recent? Can time fit into the judge’s decision?

Bascially, is there anything I could submit to the court to show them that these factors should get me my house back?

Thank you for your time.


#4

If you are seeking an unequal distribution in your favor the burden to convince the court that you should receive such a distribution is yours. The ED statute N.C.G.S. 50-20 lists the factors on which you can base such a claim, and your evidence and testimony will need to support the factors you allege.

The fact that you owned the home prior to marriage could be considered by the judge under the catch all provision “any other factor the court deems appropriate”, however your gift to the marriage (deeding the home to the two of you) would likely override the original separate nature of the property in the court’s eyes.