Knoxville, TN asked in Divorce, Family Law and Real Estate Law for North Carolina

Q: Do I have any legal claim to house equity post-divorce in NC?

I am preparing for a divorce after 17 years of marriage. My wife and I decided to separate last June, with the divorce upcoming in a few months. She initiated the conversation about divorce while I was involuntarily unemployed and severely depressed. She bought the house we lived in before we met and never added me to the deed, claiming refinancing requirements could jeopardize her USDA loan. Despite not being on the mortgage, I contributed to shared household expenses and invested in improving the house. There were no other assets accumulated, and we have not discussed the division of the real property. Given these circumstances, do I have any legal claim to the equity in the house?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on North Carolina family law, you may have a potential claim to some portion of the increase in equity that occurred during your 17-year marriage, despite not being on the deed. North Carolina follows the "equitable distribution" approach to property division, distinguishing between separate property (owned before marriage or acquired by gift/inheritance) and marital property (acquired during marriage).

While the house itself would be considered your wife's separate property since she purchased it before marriage, North Carolina courts recognize the concept of "active appreciation" in separate property value. If you can demonstrate that marital efforts or funds contributed to increasing the home's value – through improvements, mortgage payments from marital funds, or substantial maintenance – you may have a claim to a portion of that increased value. Your contributions to household expenses and specific investments in improving the property would be relevant factors for the court to consider.

I recommend documenting all financial contributions you made toward the property, including renovations, improvements, and maintenance costs. Additionally, gather evidence of how your non-financial contributions (such as physical labor for home improvements) may have increased the property's value. Since North Carolina requires an "equitable" rather than necessarily equal division, the court would consider numerous factors including the duration of your marriage, your economic circumstances, and the nature of your contributions. Given the complexity of your situation and the significant asset involved, consulting with a North Carolina family law attorney to evaluate your specific circumstances would be highly advisable before finalizing any divorce agreement.

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