Real estate bought with pre-marital assets

I bought my house before married. After marriage, I sold it and bought another house and put my husbands name on the deed (joint tenants in entirety) as he said he would add to the house after we sold his house. He never added any money to the house. In our wills, the house goes to my sister once we are both passed. I wanted this specifically as I consider the asset mine. Is that enough to prove the house was not a gift? We also had beneficiaries on many assets according to whose asset it was considered even if it was titled jointly. What is needed to prove it was not a gift?

Based on the facts you described, the current house is marital property subject to being divided equally.

This is because separate property money (from the sale of your house pre-marriage) that is used to purchase real estate that is titled in both spouses’ names as tenants by the entirety, is considered a gift to the marriage. You can overcome this if you have evidence/documentation that at the time of the purchase, you did not intend for it to be a gift, but a will will not suffice as evidence at the time of purchase.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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