He will be entitled to a share of any increase in equity during the duration of the marriage, but prior to separation.
Rights to house if not on mortgage or deed?
If the house was purchased prior to marriage and you never added his name to the deed then he is not entitled to a portion from the house. However, if you have made payments towards the mortgage during the marriage and reduced the principle on the mortgage than that reduction is marital property. If you have made any improvements to the property during the marriage then this the value of these improvements would be 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
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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If I own a house and my husband’s name is not on the mortgage or the deed, does he still have rights to the property in the event of divorce? We have been married less than one year, but have lived in the house together for 3 years.