Question on Deed to Property


#1

Yes, changing the deed to the house changes the character of the property from strictly your separate property, to marital property. Your wife’s entitlement to a portion of that property would increase with her name on the deed. However, even as your separate property, if she can show that marital funds were used to decrease the mortgage balance, she still has rights to a portion of that decrease in debt (or increase in equity).

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

My wife and I are discussing seperation. We finished our house about a month prior to our wedding. The house and land were Deeded in my name only (and paid for by me). Today, the Deed still only lists my name. My wife has requested that I add her name to the Deed as well (we are hopeful of reconciliation, but nothing is certain). Would this change any status of ‘ownership’ from an asset standpoint? Or because the house was mine pre-marriage, it woudn’t matter.

Thanks.