After 3 years of marriage, my wife and I bought a house. My wife paid most of the cost of the house. She used funds that she brought into the marriage. Both our names are on the deed. Am I entitled to half the house. Thanks
You may be entitled to half the value of the house.
The house would considered marital property and subject to being divided in equitable distribution if any marital funds (funds earned during the marriage) were used to purchase the home, and/or if there is a mortgage on the house and your income during the marriage helped pay down the mortgage, and/or if your income during the marriage made any improvements to the house.
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.
So if she bought the house while we were married but from funds that she had before the marriage, my name on the deed means nothing, is that right. The house was paid for when she wrote the check. So it sounds as I would not be entitled to half. Is this correct. Thanks
Isn’t there something that says my half is considered a gift from her to me?
There is a gift presumption when dealing with real property acquired by both spouses.
The house here likely has dual classifications, such that you would have an interest in the home. This could be because either your income contributed to the home and it’s upkeep during the marriage and/or because the home being titled in your name as well, as tenants by the entireties, was considered a gift of real property by your wife.
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.