I purchased a house five years before I met and married my wife. Because of much insistent three years that we were married I placed her name also on the deed.
With her father’s help we purchased another house for him to live in close to us. Within three months after we moved in he passed away. His original houses place for sale and sold and the second mortgage was paid off. The house that he had help purchase close to us was never put in his name but was put in my wife’s name. We also purchased a small vacation after that which is in both of our names. my concern is that my wife believe that this house that was for her father to live in is part of her inheritance and not part of marital asset. We have owned this house for four years now.
Does she have clean the house that I own five years prior to our marriage we’ve been married 10 years. And is the house that we’ve had for four years just in her name but on when we were married still part of marital property?
The house that you owned prior to marriage is now marital property and subject to being divided equally now that the deed is titled in your joint names. This will be seen as a gift to the marriage.
The house that you and your wife purchased with the intention of her father living in it may be marital property or it may be her separate property. It may be marital property depending on the source of funds used to purchase it. If there were marital funds used, then it would be marital property. However, if you signed a free trader agreement in order for that property to be titled in only your wife’s name, you may have waived any marital interest in that property, therefore, it would be your wife’s separate property.
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.