Bgt my home 15 yrs ago where I live presently. Got married 7 yrs ago. He lives with his 96 yr old mother. Not legally separated. Talk and see each other frequently. Husband buys a house 4-5 months ago in his name only in cash 2 doors from where he lives, asking me, my adult daughter and grandchild he adores to reside in the house bought knowing my home is run down. Then I intend to sale my home. Said he only has interest in the Very large garage/building for his needs, I can do as I want in the house, and can move in anytime. Part of my furn/belongings are moved in. Over the last 4 months since house bought his selfish, miser, controlling personality shown itself more and more. Won’t let me hire and myself pay for a painter, pay for carpenter to fix sagging poles etc etc in this new house. Tells me if I move cleaners from pantry closet to laundry room, he will move them back. He isn’t living in the house, as said. nor intends to. Hard to explain. Game player. One question off the top of my head very important to me…do I have rights to this house as his wife…to not fear he will try to kick me out, stop me at any time he chooses from completely moving in, improving the home inside, etc.etc. He is 69. I am 73 yrs old…
If you were both living separately and neither of you had the intent to remain permanently separate and apart, then you may have a marital interest in the home your husband recently bought. Your marital interest would be one-half the equity value. However, you would not have any marital interest if you signed a free trader agreement prior to your husband purchasing the home and the free trader agreement waived any interest you may have in the home.
If you were both living separately and only one of you (i.e. your husband) had the intent to remain permanently separate and apart, then you are considered separated and you would have no marital interest in the home he recently bought.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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Husband stays and cares for Mom who is 96 in her home, not his, presently. Has not voiced he would not move into the new house when she passes on. He has much of his personal stuff, right now, he moved into a large building on new home property. From what you have stated, he could kick me out along with my dgtr (his stepdaughter) and 6 yr old granddaughter of new house, even on a whim, at any time by simply stating he had no intent to live with me in future. I plan to buy new frig, oven, sink, painting, carpeting, dog compound, carport and much more shortly to place in new home, selling personal items to raise money… Make many improvements as time goes on.
This gives me great pause. Wow, I falsely guessed only if there was a legal separation would I be on shaky ground. I appreciate your responsding