Property classification and division


#1

I also forgot to add can I sale my house without her signature or do I have to have her agree that the house is mine in the seperation agreement first?


#2

Im sorry to post so often, just trying to give as much info as i can. My wife is not on the property title or the loan, we were required by the state to complete a deed of trust in the event anything happened to me. I signed a mortgage payment letter with her name on it.


#3

Dear Raleigh NC:

Your wife is not exactly correct. The house still belongs to you, but marital equity has accumulated in the property. Here is how that happens: From the date of marriage, all income earned by either of you is marital. That means that all payments made on the house you bought separately were made from marital funds. The house is still your separate property, but it has marital equity. Whether or not her name is on the document is inconsequential at this point.

You should not be able to sell your house without her signature while you are still married, but after you sign a separation agreement, selling your house should be no problem. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#4

Dear Raleigh.
I have the same problem as you only I’m in Sunset Beach.
I had the property before our BRIEF 16-month marriage.
Should we form a “club”?

Janette Schroeder


#5

I have been married 18 months and I had purchased the home we live in before we were married. My wife (girlfriend at the time) made no contribution to the down payment, closing costs etc. She moved into the property with me while seeking another place to live (she had to vacate her other apartment) and ended up not moving out. We married and live in the property. Our marriage has not worked out and I am seeking to seperate. We have no children. She owns property of her own that I am not sure is in her name but she has always made it clear that this property is hers. She owned this before our marriage.

The end of last year, I refinanced my house and under state law was required to add my wife to the loan documents because if anything happened to me, the loan must turn over to my spouse if I am married. My wife is now demanding an equity split on the property and saying it belongs to her too as she is on the documents.

I was hoping for an amicable split, me keeping my house and her, her own property but it looks unlikely. I wanted to know if she has any claim on my house and do I have any right to remove her from there if she wont agree to seperate and how would I do this.

Your site has been very helpful but I couldnt find info on this matter so I posted. Thanks in advance.