divorce property

I owned my own home and kept it in my name prior to my marriage. While we were married my husband opened an LLC and bought 2 homes. Do I have ownership rights to these homes in the divorce. I live in NC

cpd0121 said:

I owned my own home and kept it in my name prior to my marriage. While we were married my husband opened an LLC and bought 2 homes. Do I have ownership rights to these homes in the divorce. I live in NC

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The homes belong to the LLC, therefore only the LLC has any actual ownership rights to the homes. However, assuming that your husband is the sole owner of the LLC, you might have some ownership rights in the LLC, which would indirectly give you ownership rights to the homes.

I all really depends on where he got the money to invest in the LLC. If it was from an inheritance, premarital savings, family gift etc., then the bulk of it would likely be his separate property. If he used marital funds, then it would all be marital property.

He could also have a marital interest in your home. If marital funds were used to maintain your home or make mortgage payments, then any increase in equity/appreciation since the date of your marriage, would be marital.