Have inquired some re: my situation before her. After much thinking, the light bulb inside my pee brain finally turned on. The house my husband bought 6 months ago, supposedly for us, titled in his name only, paid for fully in cash came from a portion of his stock portfolio started up way before we married in 2013 would then make this house his separate property Have not fully moved in tho working on it, and husband is still residing in his 96 yr old Mama’s house, taking care of her. (btw, there’s no prenup btwn us, not that it matters in this situation, I guess). This raises big concerns for my security at my age of 73 in this home. Miser, selfish, gamie husband has exposed his character some thru the yrs, but he has taken it to another higher level in past 6 months. Pompus, treating me less than a potential renter, controlling, ignores my concise clear questions,…
OKAY, first springs to mind… my fear is IF by some chance after I have fully moved in, if I live that long… he springs on me at any time in the future he is wanting a divorce…where does that leave me?? Can he make me move out?? My improvements of any to the house? My own furnishings? hmmmm
ALSO, a few weeks back, he said he would give me living rights/life estate for this home. Do I want this?? Would that negate any rights I might possibly have in this? of course, he might back out of that offer.
I am in a HARD spot and he knows it. My old, small home I bought in 2005 is rotting by the minute. To boot, my frig went out yesterday and am using a cooler of ice. Have been putting my most all my pennies into paint, etc etc etc etc working hard with my daughter painting the interior of the “new” house. THANKING YOU KINDLY for having to suffer thru this spill.
If your husband bought a home with funds earned entirely prior to the date of marriage, then the house is his separate property. However, if there is a mortgage on the house, then a portion of the value of the home may be marital to which you would be entitled to one-half of that portion assuming marital funds have paid down the mortgage and/or marital funds have been used to make improvements to the house.
Your husband cannot force you to leave the home, but it can be negotiated and agreed upon in a settlement or your husband could ask the court to order you to leave. Any personal property that is yours from before the marriage you would be entitled to, and any personal property that was acquired during the marriage but not by inheritance you would be entitled to half.
A life estate in the home would give you possession of the home until you passed, at which point title would revert back to your husband or his heirs. You should discuss the pros and cons of such an arrangement with a real estate or estate planning attorney.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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