What is my risk now?


#1

I purchased my home as a single woman in April of 2000 (both deed and mtg are in my name only). My husband and I were married in Dec of 2000 and lived there together until I moved out taking my 8 yo daughter in Aug of 2010. During the marraige, at most my husband contributed a total of $1200/mo to our family expenses which was basically the amount of the first mtg (which is in my name only) and a small second mtg (which is in both our names) for a room addition to the house in 2002. I also purchased a parcel of vacant land in 2003 that was deeded to the both of us, but was paid for with funds I withdrew from my 401k. My questions are this, am I in any jeapardy of custody issues since I removed my daughter from the family home? since I left him in the house, does he have any claim to it since he’s been giving me the same $1200 a month to pay the two mtgs since I’ve been gone? and lastly, does he have any claim to the vacant land in spite of not contributing financially to the purchase?


#2

You are not guilty of any crime from removing your daughter from the home, and it will not affect your claim for custody so long as you are providing for her needs and have told her father where she is and allowed him reasonable access to her.

Your husband does have some martial interest in the home ( 50% any active increase in value from December 2000 on). Active increases in value include principal reduction during the marriage, and an increase in value due to any renovations that occurred during the marriage and using martial funds. This is true even though he contributed very little monetarily to the marriage. NC takes a partnership view of marriage and therefore 100% of funds earned and used during the marriage are considered marital in nature.

The vacant land is presumably marital property as it was purchased during the marriage and deeded to both of you.


#3

Wow! Thanks for the quick response!


#4

You are most welcome. I wish you all the best!