My wife purchased the property from a private lender before marriage in 2015. She moved into my house when were dating in 2017. We’ve got married in 2018 and decided to sell the property that she had. After/during marriage, we combined all our bills together from both of us pay checks. So we’re paying the mortgage of that house together for a while until we decided to sell the property in 2018. We made the profit out of this property and paid that amount towards the current house we living in (The house she moved in).
She purchased the house for $35000. She had paid only $14000 before marriage. Then we made some repairs to the house $2000 with some mortgage payments upto worth of $4500 and Sold house for $105,000. leftover balance for the house was paid from sold amount.
We’re separating/divorce.
Question:- The amount of profit that we got after selling that property, is it considered to be hers only or our joint?
If the proceeds from the sale of the home were comingled with marital funds (for example, in a joint checking account), then the full amount is likely to be marital property subject to being equally divided.
If the proceeds were not comingled with marital funds (for example, she put all of the proceeds in an account in her sole and separate name), then a portion of those proceeds are likely her separate property that cannot be divided and a portion is likely to be marital property subject to being equally divided.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Update:
She received a check from the proceeds from the sale of house and deposited to her individual checking account and then I deposited $10k in her chk account. We combined that money together and paid off the house (the house that I purchased before marriage) where we lived in together. That check was made on my name payable to mortgage company to pay off the house she moved in(not sure if it considered marital home yet or not). When we paid off the house with our combined money, I put her name on deed/title of the house as well.
Question: Is it still considers to be our our equal money/our both of us money from the proceeds from her house?
The house you purchased before the date of marriage is now marital property subject to being divided equally because the deed is in your joint names. In this instance, because of the way the deed is titled, the source of funds to pay off the mortgage is irrelevant.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
So, me and my wife we decided to talk on the agreement. She wants the house. If I give her the house, then she is willing to negotiate on Child Support amount, which is less then Child support calculator. I am concerned that, what if she try to ask more money later in future for CS with special circumstances petition, as I am already giving her the house now.
What can I do in that scenario? Is there a special clause that I can write in the agreement letter, which saves me from her to increase in CS amount? or what should I do?
In that scenario, it’s better to have child support in a court order so it would be harder for your wife to later attempt to increase child support without a substantial change in circumstances affecting the wellbeing of the minor child(ren).
Otherwise, equitable distribution (the distribution of the marital assets and debts) is completely separate from child support and she could ask for more child support regardless of whether she kept the house or not.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Can I able to say that I am giving her $50k as a down payment towards Child support until our kid turns 18 yrs. If, she breaches the agreement by trying to increase the child support money, She will have to pay me back, whatever left from $50k.
It’s not advisable to do that as such a contract/agreement regarding child support would be against public policy and against the children’s best interests (i.e. such a contract/agreement would likely not be upheld in court if was contested). The reason is that if there is a genuine need to increase child support sometime in the future but it was prevented because of this agreement, then a court would not uphold this because it hurts minor children that are not capable of providing for their own reasonable needs and expenses.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.