He will be entitled to a share of any increase in equity during the duration of the marriage, but prior to separation.
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
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
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.