Property Question


#1

If the property is not titled in both your names, you would only be entitled to a portion of the amount that the mortgage was decreased during the marriage.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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

Would this include the first property that he purchased before we were together?


#3

Dear robxtwo:

Yes, that would include the first property that he purchased before you were together. Active increases in the value of separate property are marital and divisible between both spouses. In English - if you have paid down the mortgage or put alot of money into the property during the marriage through repairs, etc., you may have the right to half of the increase in value of the property.

The key is that you file for equitable distribution BEFORE the divorce, or you will lose the right to obtain any of the equity, since the property is solely in his name. 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

My soon to be Ex and I had lived together for 6 years before getting married. We lived in a condo that he bought previously. Just before we got married (couple of months), we purchased a house. We were married for 3 years before separating. My name is not titled on either property. Do I have any rights to these properties? I put alot of my money into both of these places. Help…