Warranty Deed and Giving up all marital rights

North Carolina Divorce Law Divorce and Separation Answers
1

In 2006 my husband signed over two properties to me in North Carolina, (one of which has my home on it where I live) because I owned three homes prior to our fifteen-year marriage and we agreed these properties would belong to me and me alone, since I invested a few hundred thousand in a law firm for him from money I brought into the marriage and made from my stock investments. So, in a sort of quid pro quo, we agreed I would get the house and properties as mine alone and he would have no claim to them, ever.

In the papers he signed, it specifically states that he is giving up ALL marital rights to these properties. I have the Warranty Deed giving the properties to me.

Now, we have filed for divorce and he is trying to throw it into the marital ‘pot.’ He is a trial lawyer (in Florida) and I believe he is only using this to ‘scare’ me into agreeing to his version of a marriage settlement agreement, which I don’t agree to. Can he do this and can he win?

Already Tried:
The only thing I’ve done thus far is research the issue and have only found issues dealing with quitclaims in regard to a mortgage. However, I have NO mortgage on either property.

These properties were purchased during the marriage.

I don’t want a mere MSA, I am seeking alimony and an un-equitable distribution as I have irrefutable proof of numerous affairs, including with his clients, in addition to about $200,000.00 spent on and given to his paramours, all of which I have proof of.

2

If the deed was executed after the date of separation and contains language regarding Equitable Distribution, and a waiver of all marital rights, he cannot now go back and make a claim to the property.

3

It was executed in 2006, which was prior to the separation.

We just separated recently, in November 2009 and filed for divorce December, 2009. The deed does contain a specific clause wherein it states he is waiving all marital rights.

4

The property could be found to be your separate property pursuant to the statute. The statute states that a gift of property from one spouse to another during the marriage is separate property if the intention that it become the separate property of the other is clearly stated in the conveyance. In my opinion you have a good argument.

5

Erin:

Which statute are you referring to, please?

6

N.C. G.S. 50-20 (b)(2).