Pre owned home

I want a divorce and I own a home that my previous husband gave up when we divorced. I was in my home 15 years before I remarried. My husband’s name isn’t on the deed. I did take a second mortgage to pay off some credit card debt. I want to know what my rights are as far as my home.

The house is your separate property but it may have a marital property component to it.

It is your separate property because you acquired it before the date of marriage to your current spouse.

It may have a small marital value (but not the full fair market value) due to the mortgage. If your spouse contributed marital funds to the marriage and you acquired a mortgage on the home and/or you made any improvement on the home between the date of marriage and the date of separation to your current spouse, then the principal reduction on the mortgage and/or the value of the improvement(s) could be considered marital property subject to equitable distribution. For example, if during your current marriage the principal value of the mortgage was reduced by $10,000 and there were no improvements made, then the marital value of the home would be $10,000, not the full fair market value.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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