Legal Question in Family Law in North Carolina

I am about to get seperation papers drawn up but I am concerned about one thing. I own my house it is in my name before I got married and I am wondering through the divorce will I loose my house. My married name isn't on the mortgage papers or anything to do with the house. Please if you will let me know what would happen to my house if I would loose it or not. I have 3 boys and I can't afford to loose my house.

Thanks

Khristie Johnston


Asked on 6/01/10, 9:15 am

1 Answer from Attorneys
Rachel Hunter

If you are having papers drawn up, I assume that you have an attorneny. If so, it is unethical for me to jump in and you should direct your question to your divorce attorney.

If you do not have an attorney, in NC, separate property is property that you acquired before marriage. Separate property stays separate. Unless you refinanced the house and added your spouse's name to the deed or unless he did a lot of work on your home, why would you lose your house? The marital agreement should reference the fact that the home is your separate property.

If you do not have an attorney and would like the marital settlement agreement drafted or reviewed, please feel free to contact me.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

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Answered on 6/01/10, 3:43 pm


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