Property Distribution


#1

Dear IcyFrog2:

Greetings. First, I think that your log in name is one of the most creative I have seen so far. Now, I am slightly fuzzy on the facts, but here is what I think. If you both have your name on the legal title, you are both entitled to the equity in the same. It sounds like your Grandma made a bad decision. Hopefully, your Grandma has a deed of trust and promissory note. 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.


#2

She does have a promissory note and the deed of trust is connected to the note but signed by both of us however neither one of us has made any payments to note. So it is my guess Grandma can forclose and evict both of us. Also since we both had seperate accounts and I paid for most of stuff in house to which she contributed no money to like furniture, household goods does that essentially mean they are seperate and what I paid for is mine and what she paid for is hers judging by what it says about contribution factor and equitable distribution.

Chad Ridoutt


#3

Dear IcyFrog2:

Sounds like Grandma can evict you both. As far as the property issue, you are not correct. All funds earned during the marriage, regardless of whether or not they are deposited into a separate account, are marital. Therefore, all items purchased out of a separate account which has marital funds deposited into it are generally marital. It is a negotiating position though. So, 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

Hello first off let me say I tried to be nice and let future spouse have her way for nice divorce however she refuses so my question is this. My grandma owns house and property house is on I have no stake in house or property Grandma just did so we would have place to live spouse claims that since we both signed deed on land she is entitled to half of everything. I have tried to say Grandma owns and I have no control of. She still insist that if anything has both of our names on it she entitled to. Neither one of us contributed to cost of house or land only what is in house now ie. furniture and general living things. Who is right here and does she have claim to house or can Grandma evict one or both of us and sell house herself. Note no rent is paid nor has any money been paid back to Grandma.

Chad Ridoutt