• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

She sold property while we were married

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

uniccco

Member
What is the name of your state?North Carolina My wife sold property while we were seperated and still married the properrty was inherited by her before the marriage can she rightfully sell it without my consent under her maiden name
 
Last edited:


Happy Trails

Senior Member
uniccco said:
What is the name of your state?North Carolina My wife sold property while we were seperated and still married the properrty was inherited by her can she rightfully sell it without my consent under her maiden name
From North Carolina statutes:

§ 50‑20. Distribution by court of marital and divisible property.
......................It is presumed that all property acquired after the date of marriage and before the date of separation is marital property except property which is separate property under subdivision (2) of this subsection. This presumption may be rebutted by the greater weight of the evidence.

(2) "Separate property" means all real and personal property acquired by a spouse before marriage or acquired by a spouse by bequest, devise, descent, or gift during the course of the marriage. However, property acquired by gift from the other spouse during the course of the marriage shall be considered separate property only if such an intention is stated in the conveyance. Property acquired in exchange for separate property shall remain separate property regardless of whether the title is in the name of the husband or wife or both and shall not be considered to be marital property unless a contrary intention is expressly stated in the conveyance. The increase in value of separate property and the income derived from separate property shall be considered separate property. All professional licenses and business licenses which would terminate on transfer shall be considered separate property.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-20.html

Informative link:
http://www.divorcesource.com/info/divorcelaws/northcarolina.shtml

Was it solely in her name?







.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top