The house


#1

Also, is there anything that can change what I referenced above. (Alienation of affection, abandonment etc…)


#2

I think this would be considered separate property since it was purchased by you before you were married, unless you have put her name on the deed or refinanced since marriage. She may possibly have a vested interest in the home since you were both living there…but legally I believe that it’s yours. Hopefully, an attorney will respond on this.
Alienation of affection does not influence asset/debt division. Abandonment probably would but abandonment is one spouse moving out without an agreement signed but since one spouse has to leave to begin the separation then that really isn’t an issue in the end.


#3

I had a home for many years, that was in my name, prior to getting married. I have been married for one year and now 6 months separated for a divorce.

I had to relocate for a new job and had to sell my home. Even though the proceeds from the sale of this home would go to me, the STBX had to sign the closing papers/deed. I had to pull out my hair many times to get the STBX to sign the necessary papers, yes we do both have our attornies, however this did not stop the pain I have to go through just to get her to sign, even with the notion of Breach of Contact from the home sale starring her in the face, this did not phase her. The story to this is that even though you may have property before the marriage, you may still go through some extreme mental pain to get the STBX just to sign a document, no matter what consequences are given!!!


#4

BC, thanks for the reply. Did either the deed or the mortgage have her name on it?


#5

No, neither the deed or mortgage had her name on it…


#6

Any lawyers that can comment on this. Thanks.


#7

If her name is not on the deed, she will be entitled to the reduction in the principal on the mortgage while you were married. In addition if any of the work the two of you put into the house caused an increase in the value of the home that 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
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#8

I have been living with my spouse for almost six years in various apartments. She has a daughter from a previous relationship where the father pays child support. We bought a house 3 years ago and lived in it together for 2 years before we were married. We have been married for almost a year. The house is solely in my name and all the upgrades (bathrooms, floors, fence etc.) are paid for by me. She pays half of all the bills in the house, mortgage included. If we were to get a divorce, would she have any rights to this property outside of the equity gained in the last year of marriage? There is not documentation that she pays any of the mortgage and there is also no documentation that I pay for the upgrades to the house.