Hi I moved to NC to take care of my parents, they live in the home and gave me a gift to purchase the home.
both are medically unwell and my spouse now wants a divorce.
my parents are not on the title, just me and my spouse are, my spouse is not on the loan only I am.
I have a minor dependent and my spouse has not worked in the last year.
Suggestions of how to protect myself and my parents?
You will need to make sure that all of the property division (called equitable distribution) is included in a separation agreement or an equitable distribution court order.
It’s probable that the marital residence is both your separate property (assuming the gift from your parents was monetary and was given to you only) and marital property (assuming marital funds, or funds earned during the marriage, have been used to pay for the home, mortgage, etc.), which would mean that your spouse would still have a claim to it. However, it is also possible that in the equitable distribution settlement that you keep the house.
Given that your spouse has not worked recently, you may be liable for postseparation support, alimony, and child support.
We offer two free Webinars, Divorce Legal and 50 Divorce Tips in 50 Minutes, that you may find very helpful as you begin your separation. These webinars will give you lots of information about the divorce process (including the issues of equitable distribution, postseparation support/alimony, child support, child custody, and absolute divorce) and they are presented multiple times a week.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Hi Anna,
I’m not saying that my spouse would not be entitled to a share, but the
question my spouse is now making statements that they are entitled to half of the
property when my parents put one third into the property and have made this
the primary residence.
I do understand I would have to contribute to post separation support, or alimony, as for child support we have already decided a 50% split. for the post separation support , how is that based? my spouse has not worked in the last year but over the 10+ years of marriage they have made a greater amount than I have?
I can see my initial request for some clarity seemed like I did not want to give a penny to my spouse but that is not the case. all I want to do is protect my parents.
It’s possible that your spouse is still entitled to half of the house if it can be classified as marital property. In order to keep your parents there, you may need to buy out your spouse’s one-half so that the house can be titled in your name only. It’s possible that your spouse could be entitled to one-half of the house even if your parents contributed one-third of the cost to acquire the house.
There is no formula or worksheet for postseparation support or alimony like there is for child support. There must be a dependent spouse and a supporting spouse. If your spouse has not worked in the last year, he/she may still be considered the dependent spouse and you the supporting spouse. For more information about how alimony works, including a complete list of factors a judge will consider when determining alimony, you can read our article Alimony: The Details.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.