Woman advocate agency


#1

My wife claims that “a Woman advocates group” informed her that she has the right to halve the proceeds of a piece of real estate property, in New Bern NC, (Which I bought before we got married). The reason they gave her was that because she had moved in with my children (legally mine, because they are from a previous marriage) before I did. The reason I moved into this house two weeks later was because I had to close on my house in New Hampshire. Again this house was bought with my money and before we got married, she didn’t contribute a dime.

Now she even claims that she has right to halve my pension and 401K which I started long before we got married.

Are any of these statements thru?


#2

If your home was purchased with your funds prior to marriage, and your wife has not contributed to any increase in equity through improvements, etc., then your home is your personal separate property. Your wife is not entitled to the home in the divorce.

Even though your 401k may have been started prior to your marriage, any funds which you contributed while married are marital funds. Therefore, your wife will likely be entitled to half of the funds which you deposited while married, and any gains therefrom. Your pension can be divided pursuant to a court order called a Qualified Domestic Relations Order (QDRO) and the benefits will be paid to her when they commence.


#3

One more thing…my above answer was based on if you own the home outright, having bought it prior to the marriage with your own personal and separate funds. I am not clear from your question if your home is under a mortgage. However, if you have a mortgage on the home, even if it was acquired prior to marriage, then the reduction in the home loan you have made during the marriage does matter. The reduction will have been made using “marital funds,” which creates a marital interest for your ex. This would entitle her to a value of that interest as a part of equitable distribution. The calculation would include the amount of equity allocated based on ownership of marriage. She’d also be earning passive income on that interest as well if your home has appreciated in value during marriage. So, her possible interest isn’t limited to just the loan balance reduction. All of this only applies however if your home is mortgaged.