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Trying to take my condo.

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debbienc3

Junior Member
What is the name of your state (only U.S. law)? We both live in North Carolina. My husband left me on November 14, 2009. On November the 19th I closed on a small beach condo in South Carolina. His name was never on the offer and is not on the title. I paid for it with savings I had when I met him. He is threatening to get 1/2 of the condo. I however put it in my name along with my 3 childrens name. Legally can he get 1/8 of it since this was done AFTER he left me?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? We both live in North Carolina. My husband left me on November 14, 2009. On November the 19th I closed on a small beach condo in South Carolina. His name was never on the offer and is not on the title. I paid for it with savings I had when I met him. He is threatening to get 1/2 of the condo. I however put it in my name along with my 3 childrens name. Legally can he get 1/8 of it since this was done AFTER he left me?
He will be entitled to a portion of the MARITAL equity.

If you can prove that you used money that you had before you were married, all he can ask for is a portion of the increase in value during your marriage - which is obviously going to be very small.
 

Ohiogal

Queen Bee
He will be entitled to a portion of the MARITAL equity.

If you can prove that you used money that you had before you were married, all he can ask for is a portion of the increase in value during your marriage - which is obviously going to be very small.
IF she can prove that. HOWEVER he may be able to get HALF of the entire equity if she cannot prove that it was premarital savings as she (while married) put it in her children's name. It could be construed as dissipation of marital assets. This was NOT a smart move on her part at this juncture.
 

mistoffolees

Senior Member
IF she can prove that. HOWEVER he may be able to get HALF of the entire equity if she cannot prove that it was premarital savings as she (while married) put it in her children's name. It could be construed as dissipation of marital assets. This was NOT a smart move on her part at this juncture.
Agreed. I generally advise people not to buy property until after a divorce is finalized. If necessary, do a lease-option.
 

Ohiogal

Queen Bee
I ABSOLUTELY CAN prove that it was PAID for with money I had PRIOR to even meeting him!!!
Good. And that money was NOT comingled ever with ANY marital income/funds? It still was not necessarily a smart move on your part though because you are taking a risk. YOu believe you can prove it. If you can't, you will have to pay him half the equity in the entire condo. In other words if you paid cash for a $300k condo be prepared to give him $150k if you lose.
 

LdiJ

Senior Member
Good. And that money was NOT comingled ever with ANY marital income/funds? It still was not necessarily a smart move on your part though because you are taking a risk. YOu believe you can prove it. If you can't, you will have to pay him half the equity in the entire condo. In other words if you paid cash for a $300k condo be prepared to give him $150k if you lose.
I agree...but again, if you can absolutely prove that you purchased it with premarital money then you are just fine.
 

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