# Property as gift **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [March 23, 2008, 8:00pm UTC](https://forum.rosen.com/t/property-as-gift/5765 "2008-03-23T20:00:35Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [March 23, 2008, 8:00pm UTC](https://forum.rosen.com/t/property-as-gift/5765/1 "2008-03-23T20:00:35Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![burned](https://avatars.discourse-cdn.com/v4/letter/b/a88e57/32.png) [@burned](https://forum.rosen.com/u/burned)\ **Post date:** [March 22, 2008, 8:08pm UTC](https://forum.rosen.com/t/property-as-gift/5765/2 "2008-03-22T20:08:40Z")
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.