Property


#1

If her name is not on the deed then the house remains your separate property. However, any appreciation in the value of the house because of work you did during the marriage, such as new floors, landscaping, etc. is marital property. In addition, if you have reduced the principal on the mortgage during the marriage, that reduction in principal is marital property.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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

I was talking to someone at work, regarding the house, and I said if I got divorced, that because I bought the house before we were married that it would belong to me.

But I’m not sure now, because even though I bought the house before
our marriage, last year we did a “refinance” of the mortgage.

At that time the bank asked me if I wanted to include my wife on the mortgage, and I said “Yes”, then they also asked if I wanted to include her on the title of the Property, and I said “NO” So the house is still titled in my name but her name is on the Mortgage documents.

Where would this fall, is it still mine, since I’ve never signed anything giving her even partial possesion, or is it now jointly owned
because her name now appears on the Mortgage agreement.

Thanks for your time.
Rich