Property division after divorce


#1

Hello,
I am thinking about marriage in NC, but want to find out what is going to happen with property, house for example, if I divorce. No kids or other complications. Just house. And it’s a case with a default situation, without a prenuptial agreement.

Case 1. House is payed off. No loan. I marry. Will 100% of the house go with me, if I divorce or will be divided 50/50?
Case 2. House has a loan on it. I marry. Will debt on the loan and principal of the house go entirely with me, if I divorce or will be divided 50/50(loan and principal)?
I mean the principal at the time when marriage occurred. Lets say, house was $100k and $20k was already payed by me before the marriage occurred. Will $20k be 100% mine of divided by 1/2?

As I understand, whatever was gained after the marriage, will be split 50/50. Let’s say, at the time of divorce $30k is in the principal of the house. 10k will be divided by 1/2. Am I right?
Will the remaining loan be split by 50/50 or remain entirely on me?

Question about banking account. Let’s say, I had 50k at the time of the marriage. Can I take them with me after divorce or it will be divided too, like 50/50?

Could you please help me, I have a hard time finding this out.


#2

If you keep property separate, it should remain your 100% separate property. In the second scenario, the math isn’t that simple. You have to take into consideration passive gains and losses as well as active gains and losses to determine what is marital versus separate property, but the idea behind your math is correct. If you actively increase the value of a separate asset (paying down a debt, putting more money into improvements to the property), you begin the process of converting to marital property. As for bank accounts, if you can trace the pre-marital funds out, then they will be considered your separate property. The easiest options are to open separate accounts for marital use or to have a pre-nuptial agreement drafted which states the what will be considered to your separate property.


#3

Thank you so much!