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NC divorce law, debt and asset distribution

Charlotte, NC |

What legal rights do I have as a married woman? We have been married one year, dated for 10. We have no children together. Our home was purchased before we got married but only his name is on it. Do I have any rights should he divorce me?

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Attorney answers 1


Once parties separate in North Carolina, either party may file an action for equitable distribution of marital property and debt. It is unclear whether you have any marital property. Property owned before the marriage is generally classified as separate property. However, if you made contributions to the acquisition of the property during the marriage, you may be entitled to some claim against the property. The court would say the asset is a mixed assets, that means it is part marital and part separate. So the court would have to identify all marital assets, classify them as marital or separate, value the asset, and then decide how to equitably distribute the asset. The court also does the same with marital debt. I hope this answer was helpful.