Legal Question in Real Estate Law in North Carolina

I am getting married in a few months. My future husband has a lawsuit pending (long story but it is a personal injury suit by an individual that is not of right mind). I own my own home but do not have much equity (only purchased it a few years ago). My concern is that if he were to lose the lawsuit, a judgement/lien could be put on my house. His attorney says not because I own the home prior to us getting married and the deed will remain in my name only. However, I used to work in the real estate/mortgage business and I seem to remember that this is not the case when you get married--that it becomes joint property. Is there a way for me to protect against this? Pre-nup (although I really don't have much assets) or some other legal document ensuring separation in ownership of property? Or is this not necessary and my fiance's lawyer is correct?

Thanks!


Asked on 2/16/11, 7:26 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

It does not become joint property. Furthermore, even if it was in both your names a creditor couldn't even touch it as long as you were married (unless they were the IRS), but if you were to get divorced, then the creditor could go after his interest in the property.

In this case, just leave it in your own name.

- Jeff

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Answered on 2/16/11, 8:47 am


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