Would attorney assist further with ED question?

North Carolina Divorce Law Divorce and Separation Answers
1

Erin,

Would you or one of the other attorneys be willing to contribute additional thoughts to your original post? You said that the house would be considered a “gift to the marriage” and 100% marital property since my name is on the deed of trust. Is this always the case or is this at the judge’s discretion? If so, how is this determined?? I’m being given conflicting information and am very concerned about proceeding with filing for equitable distribution.

Thanks again.seekingpeace

2

The home is martial property if both names are on the DEED, not the DEED of trust. The law presumes the home was gifted to the marriage in the event it was separate property deeded to the marriage, however as in any case, there are arguments for both sides and no one can predict the outcome.

3

Thanks, Erin. Do you know the best way for me to find a copy of the deed? I only have a copy of the deed of trust.

4

The register of deeds in your county would be the place to look. Many counties now have all deed images online, I would check there first.

5

I’m sorry to keep bugging you about this, but it appears my name isn’t on the deed after all. I was added to the deed of trust the year we were married. Does this mean the increase in equity from date of marriage to date of separation is all I’m entitled to? If so, how could I go about finding out the equity in the home back in 1995? I have a good idea what it was at date of separation.

Thanks so much for any assistance you can offer!!

6

You still have a martial interest in the home in so far as there have been active increases in value ( principal reduction/ remodelling ect). You can hire an appraiser to ascertain the 95 value and present value, and determine principal reduction by contacting the mortgage company.