# Rights to house if not on mortgage or deed? **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [February 4, 2008, 10:37am UTC](https://forum.rosen.com/t/rights-to-house-if-not-on-mortgage-or-deed/5571 "2008-02-04T10:37:44Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![Golfball](https://avatars.discourse-cdn.com/v4/letter/g/ee7513/32.png) [@Golfball](https://forum.rosen.com/u/Golfball)\ **Post date:** [February 4, 2008, 10:37am UTC](https://forum.rosen.com/t/rights-to-house-if-not-on-mortgage-or-deed/5571/1 "2008-02-04T10:37:44Z")
He will be entitled to a share of any increase in equity during the duration of the marriage, but prior to separation. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [February 4, 2008, 5:05pm UTC](https://forum.rosen.com/t/rights-to-house-if-not-on-mortgage-or-deed/5571/2 "2008-02-04T17:05:23Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![separatedinNC](https://avatars.discourse-cdn.com/v4/letter/s/dbc845/32.png) [@separatedinNC](https://forum.rosen.com/u/separatedinNC)\ **Post date:** [February 4, 2008, 9:18am UTC](https://forum.rosen.com/t/rights-to-house-if-not-on-mortgage-or-deed/5571/3 "2008-02-04T09:18:28Z")
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.