Premarital property


#1

Dear roosterstash:

Greetings. You are correct in your understanding of the premarital accounts. If the money existed prior to the marriage, and you did not use it for marital purposes (meaning you did not pay on joint bills - which would be a gift to the marriage) then you should receive the funds as your separate property.

As far as the vehicles, if you traded separate vehicles in for jointly titled vehicles, then you gifted the value to the marriage and the separate values are no longer relevant for the division. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

I have presented an equitable distribution form to my wife’s lawyer. I showed bank statements of checking and savings accounts prior to marriage. I see these accounts as premarital property.
Wife’s lawyer will not give me credit for these accounts unless I can prove that the balances never went below date of marriage balance.
My lawyer told me that she would not accept this. I still do not understand.
It was money I had before the marriage, and I don’t understand how later balances should affect this. My lawyer says that’s just how it is.
I also presented values on two vehicles that I owned prior to marriage. My wife’s lawyer states that she will not give me credit for these values.
I no longer own the same vehicles, but their trade-in values went to current vehicles, of which she is claiming one half. I feel entitled to this value since it was a premarital asset, the way I see it.
I just want another opinion or some clarity on this subject.
THANKS