Pre Nup and Jointly Deeded Property


#1

I signed a Pre Nup agreement and at that time we were living in California. My husband owned a condo in San Diego and in the pre nup he stated that the condo is solely his.

When we moved to North Carolina we bought a condo in Wilmington and the Deed has me listed as a Joint Owner of the condo.

We are in the process of separating, and he claims that since the condo was bought by the money he made from the condo he sold in California , this Condo in Wilmington is his and I am not entitled to any money from it.

I watched the Rosen video on separation of marital property and they gave the example of how car that husband owned prior to getting married was his. but once he sold it and bought property that was jointly deeded then it became joint marital property.

So do i have equal rights on the Wilmington condo , as I am joint owner?

Secondly, I do not wish to stay in this country as i do not have family or emotional support and would like to return to my home country. Can my husband sell the condo without my knowledge. The condo was purchased with cash and there is no mortgage involved.

What can I do to ensure that he does not sell this condo without my knowledge ?

Appreciate your help,
Thanks in advance,


#2

Unless your prenup states differently, the Wilmington, NC condo, titled jointly, is marital property subject to being divided equally. Separate property that is used to purchase property titled in the joint names of the spouses is converted into marital property.

Since the Wilmington, NC condo is titled in your name too, your husband could not sell it without your consent and signature.


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.


#3

Thank you for your response. My follow up question is that I have to go back to my home country as I can not afford to live here and my husband knows that.

Is there any way I can ensure that he does not sell the condo without my knowledge since there is no mortgage on the condo and he has the title.

I am planning to leave the country shortly and he knows that the state of NC requires a one year plus one day official separation period.

I am definitely not going to give him any power of attorney, but in my absence how can I can ensure that he does not sell it. Is there anybody/office I can notify to let them know that I have not given him any power of attorney to sell and if he produces one it has not come from me.

I am hoping that if he sells the property I get my share as that is the only marital property that we have between us that would need to be divided.

I am concerned as I will be out of the country and would like to do everything prior to leaving.

Thanks in advance


#4

The best thing to do is for both of you to execute a separation agreement prior to separating and you leaving the country. That way, all the details regarding the marital estate, and alimony if that is applicable to your situation, will be determined and your husband will be forced to follow that agreement or else risk being held in breach of contract.

It would be illegal for your husband to produce a power of attorney or any other document with your name and signature forged.


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.


#5

Thank you for your response, my husband is not responding to any of my requests and since he knows I will be leaving the country there is complete radio silence from him.
While searching on the internet I came upon an option of “Spousal Lien” I was wondering if that can be done in North Carolina.

After reading about it I am making the assumption that it may be useful to flag the deed so that any time he plans to sell the property without informing me the person doing a title search will see the spousal lien and I will be notified.

I was unable to see if that is possible in North Carolina.

If permitted in North Carolina , how does one go about doing it, do I need his cooperation in placing a spousal lien. Do I need an attorney to do the paper work, and if I need an attorney, what specialty of attorney should I contact. My resources are very very limited so approximately how much would it cost. Where can I find the information related to placing a spousal lien.

Reading about all my different options, this one seems viable, but hard to find details on how does one go about it.

My husband knows I have limited time and hence this complete silence and no response from him and more importantly he knows I have very limited financial resources and he knows once I go to my home country it will be hard to litigate from overseas.

Your help is greatly appreciated,
Thanks in advance


#6

This is not a remedy available in NC. The best thing to do is to negotiate a separation agreement or initiate litigation prior to leaving the country.


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.