What to do about a partial sale of property obtained prior to marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.