Hi,
My STBE has added a line to our settlement agreement for me to pay her back 1/2 of mortgage payments that we made for property that was only listed in my name. I owed the property prior to our marriage and my name was the only name listed on the mortgage or deed for the entire time it was in our possession (only the first three years of our 8-1/2 year marriage). The property was given to the bank from the result of a “Deed In Lieu” proceeding in 2010. I don’t think anything regarding this property should be considered at all.
If this was going through court, would this be something that might be included?
Thanks,
Jeff
If you acquired the property prior to the date of marriage but marital funds were used to pay down the mortgage, the property could be considered marital property. Since the property was disposed of during the marriage, it would be improper to consider it in equitable distribution. Further, it would also be improper to require repayment of half of all mortgage payments.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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