Property


#1

Dear Sam:

The answer to your first question is that a spouse may acquire some rights to a house owned by the other spouse at the time of the marriage. For instance, if there was a mortgage against the house and payments were made on the mortgage during the marriage using marital funds (marital funds would include any income from employment of either spouse during the marriage), or if any improvements were made to the house during the marriage using marital funds, then the non-owning spouse would have acquired an interest in the house during the marriage.

Your second question seems to be whether a judge would take into consideration the fact that one spouse “puts” the other out of the marital home. I cannot tell from your question the exact facts of your situation, but for the purpose of my answer I am assuming actions somewhat more drastic than just asking the spouse to leave; something like changing the locks while he/she is out. The answer to this question is that, yes, this sort of conduct (specifically called “turning out of doors”) can be deemed abandonment by a court and may be adjudged to be “marital misconduct.” This could be considered as a factor in an alimony trial. If the financially supporting spouse committed acts of marital misconduct, the judge must consider this fact and can increase the amount and duration of alimony payments. However, the judge must also weigh and consider the actual income and reasonable expenses of each party.

I hope that this information is helpful!

Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
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

Thank you for your information. My question about being put out of martial home was for this reason; I really wanted to know if judges sometimes give the marital resident to the" put out of doors" spouse. I really have not ask for alimony, do you think it would be a good idea to ask for this? However, when we separated I was drawing unemployment. I went back and finished college and now have a very good paying job in the medical field. Thanks!


#3

Dear sam38:

Greetings. Under all the facts (read together) it is not likely that the court will allow the misplaced spouse to have the house, although you may be entitled to some equity from the house. 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

If a person marrys a person who already has a home and that marriage ends in divorce, does the other spouse have a right to this property? What if the husband puts his wife out of the home? Do judges look at this when they settle a divorce? Thanks!