Property as gift

North Carolina Divorce Law Divorce and Separation Answers
1

If the property is solely in the name of your Husband’s mother and there is nothing in writing regarding gifting the house to you and your Husband, then the house is most likely the property of your MIL. You may have a marital interest in the house to the extent that you have put funds into maintaining the property and paying off the debt.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

2

I am getting a divorce from my spouse. I’ve been told that the house, which the mother lives in, is not considered marital property because it was a gift from her mother to my spouse. The mother lives in the house and has lifetime rights. We took over the equity line obligation on the house and have been paying taxes on same. I have been under the impression that the house would eventually be ours and we had planned to sell it when the time came. I have made all the payments for the loan and taxes from our joint checking account. My spouse had an affair and this is the reason for the divorce. Is there any exception to the “gift” law based on this information. I am in poor health and my spouse earns more than I do.