Legal Question in Family Law in North Carolina

Property acquired before divorce and after the date of separation is generally separate property. It could possibly be divisible, but it depends on what it is, whether it has gone up in value and why.

See N.C. General Statute � 50‑20. Distribution by court of marital and divisible property.

(4) "Divisible property" means all real and personal property as set forth below:

a. All appreciation and diminution in value of marital property and divisible property of the parties occurring after the date of separation and prior to the date of distribution, except that appreciation or diminution in value which is the result of postseparation actions or activities of a spouse shall not be treated as divisible property.

b. All property, property rights, or any portion thereof received after the date of separation but before the date of distribution that was acquired as a result of the efforts of either spouse during the marriage and before the date of separation, including, but not limited to, commissions, bonuses, and contractual rights.

c. Passive income from marital property received after the date of separation, including, but not limited to, interest and dividends.

d. Increases and decreases in marital debt and financing charges and interest related to marital debt.

However, do you have any kind of a marital settlement agreement where you and your wife agreed to the division of property long ago and provided that you each could acquire property as if single? If that is the case, then the answer would probably be no - that your wife is not entitled to any piece of it.

You need to consult with a family law attorney in your area to discuss what, if anything, your wife would be entitled to if equitable distribution or other proceedings were brought. The attorney could also assist in helping to work on such an agreement if there were any property to be divided after this length of time.