My spouse purchased a home in CA 2 months before we married. I helped pay the mortgage but she bought it herself with $60K down. In our current divorce she is claiming this home that we both lived in and paid for her is her sole property, and therefore I do not have rights to the money that came from it’s sale. However she leaved out the fact that after we were married we transferred the title through a quitclaim deed from her name to our names via joint with tenants in common. A year after that we, refinanced it in both of our names again. Lastly, when we sold it, we sold it together as well. Am I correct to say that because of that title change, and subsequent refi, that her claim that it is her sole property is may be muted? I know you cannot answer that without evidence, so can this be answered in general? Does title transfer and refi remove premarital home ownership in NC ED?
The house is likely marital property to which you are both entitled to half the value.
The house was initially her separate property as your wife bought it prior to the date of marriage. However, when she deeded it into both of your names after the date of marriage, it is presumed to be a gift to the marriage and therefore marital property.
The subsequent refinance is irrelevant to the classification of the house being marital or separate property.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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