Who owns the house


#1

Normally, the home purchased prior to marriage would be considered separate property. With the refinancing then I’m sure that the spouse is entitled to some equity in the home. Wouldn’t spouse’s name legally have to be added to the deed upon refinancing?


#2

your name can be on the mortgage without it being on the deed. But I believe stepmother is right, your stbx will have some equity out of the house, but only for the tim you two were married, even if you lived together first.


#3

If the title to the property has never been changed then you own the home. However, your spouse may have a “marital interest” in the property. If you have paid down the debt while you were married then the decrease in the principle balance of the mortgage is marital property. In addition, if you made any improvements to the property, the increase in the value of the property due to your active efforts is 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
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#4

I bought my home several years before we were married. My spouse’s name was never added to the title/deed. We’ve refinanced several times. My spouse contributed to 18 months of the mortgage payments. Who owns the home? Can my spouse “take it away from me” as spouse has threatened? Thank you.