What to do about a partial sale of property obtained prior to marriage?

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What to do about a partial sale of property obtained prior to marriage?

Husband had a house before we married. He sold it after marriage but kept a 2 acre tract (not issued a new deed to the partial release). Is that 2 acres marital property or does it remain his separate property?

Asked on May 2, 2011 under Family Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

For a definitive answer, you need to consult with a family or divorce law attorney, who can evaluate the specific situation in detail. As a general matter, if your husband brought the property with him into marriage--and he did from what you wrote; it was the property associated with the house he brought with him into marriage--then it would normally be his separate property. If the property was maintained by marital assets, however--e.g. taxes and a mortgage were paid by money you both earned, drawn from a joint checking account, etc.--that may be enough to establish at least some interest in the property on your behalf (or to entitle you to more money when assets are distributed, to make up for his keeping property that you helped maintain).


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