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Married a Brit (living in UK) - who never got a visa or green card as we only visit back home. I had home BEFORE we married & have paid all bills for it etc... although 1 fund transfer came out of joint account. Re-financed last year & attorney told me they HAD to add my husband on to the paperwork - even though not a US citizen. Now we are getting divorced can I get him off of it.... he is not even mentioned on my mortgage loan - but everywhere else in the documents.
I had asked the lawyer to ensure he was not on the deed, but reading the documents it looks like he is.... I need him to be off it. As I was told before moving to UK that if he never got a visa or anything he would have no entitlement to anything I own in US.
Married a Brit (living in UK) - who never got a visa or green card as we only visit back home. I had home BEFORE we married & have paid all bills for it etc... although 1 fund transfer came out of joint account. Re-financed last year & attorney told me they HAD to add my husband on to the paperwork - even though not a US citizen. Now we are getting divorced can I get him off of it.... he is not even mentioned on my mortgage loan - but everywhere else in the documents.
I had asked the lawyer to ensure he was not on the deed, but reading the documents it looks like he is.... I need him to be off it. As I was told before moving to UK that if he never got a visa or anything he would have no entitlement to anything I own in US.
Any advice etc....
Cheers,
Lorinc
No legal eagle, but I can tell you what I do know. If you own this home in NC then your hubby has "marital rights". You cannot sell without getting his signature for instance. To get him off the deed you will most likely want to speak to a real estate attorney. If this is an ugly divorce he could take half of the house from you otherwise.
I don't practice this kind of law, but generally speaking marital property is only property acquired during the marriage. Separate property that was acquired before the marriage stays separate, UNLESS it was converted to marital property. Putting your husband's name on the deed during the marriage could have converted it to marital property.
You really need to speak to a U.S. divorce attorney and/or real estate attorney to look at the ramifications of what the paperwork says.
I don't practice this kind of law, but generally speaking marital property is only property acquired during the marriage. Separate property that was acquired before the marriage stays separate, UNLESS it was converted to marital property. Putting your husband's name on the deed during the marriage could have converted it to marital property.
You really need to speak to a U.S. divorce attorney and/or real estate attorney to look at the ramifications of what the paperwork says.
GT
Sorry to disagree with you GirlTravels, but in NC it doesn't matter if she bought the property before she married him - now that they are married he has marital rights to the property.
Sorry to disagree with you GirlTravels, but in NC it doesn't matter if she bought the property before she married him - now that they are married he has marital rights to the property.
Sorry, Loves, but now I'm going to have to disagree with you!
N.C. Gen. Stat. 50-20 defines separate property:
"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.
Like I said before, separate property can be converted to marital property. I don't know if that occurred here or not.
I'm really not trying to pick a fight, but I just want the OP to get accurate information. Regardless, she really needs to speak to an attorney who deals in this kind of thing.
Sorry, Loves, but now I'm going to have to disagree with you!
N.C. Gen. Stat. 50-20 defines separate property:
"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.
Like I said before, separate property can be converted to marital property. I don't know if that occurred here or not.
I'm really not trying to pick a fight, but I just want the OP to get accurate information. Regardless, she really needs to speak to an attorney who deals in this kind of thing.
Real estate laws in NC are pretty strict - they favor the spouse of a property owner and give that spouse "marital rights" - meaning the original spouse owner cannot just do what he wants with the property. I wish we had a real estate attorney on here to verify what I'm saying for you.
Real estate laws in NC are pretty strict - they favor the spouse of a property owner and give that spouse "marital rights" - meaning the original spouse owner cannot just do what he wants with the property. I wish we had a real estate attorney on here to verify what I'm saying for you.
I don't know about restrictions on property transfers during the marriage, but NC law is very clear that in the OPs current situation - divorce - her separate property will go to her alone.
I am no legal eagle but I can say this from experience.
Last year my wife and I sold a home and built a new one in Indian Trail. The one we sold she owned before we were married. Once we married for whatever reasons, she never added me to the deed or the note(loan), so she was the only one on the deed and she was the only one on the loan although I helped make the payments. Now I do not know if me making the payments had anything to do with making it marital property but I do know that she was not allowed to sell it without my signature. She couldn't believe it when the real estate agent told her that and was ticked off. She even checked into it further, and she could not sell the home without my signature.
I don't know if it would have been a diiferent story were we to have divorced.
I've never seen a home sell in NC without both husband and wife having to sign the contract and deed. Regardless if he or she purchased it before the marriage.
We can't even have one of them sign a listing agreement without the other if they are married. Again regardless if one of them owned it before marriage or not.
You need to speak with a real estate attorney pronto. This is an easy question that they can answer most likely.
I've never seen a home sell in NC without both husband and wife having to sign the contract and deed. Regardless if he or she purchased it before the marriage.
We can't even have one of them sign a listing agreement without the other if they are married. Again regardless if one of them owned it before marriage or not.
You need to speak with a real estate attorney pronto. This is an easy question that they can answer most likely.
That is correct but for a different reason than the OPs question.
The reason both husband and wife have to sign during the marriage has to do with estate/inheritance laws, not division of property in divorce. If both the husband and wife do not sign, then upon the death of the owner of the property, the surviving spouse is entitled to either a life estate or 1/3 the value of the property if the deceased spouse died without a will... even if that property was conveyed to someone else. Having both spouses sign the conveyance waives this life estate interest, and thus protects subsequent purchasers of the property.
So of course, everyone will make both the husband and wife sign, regardless of title of the property.
That doesn't change a person's right to retain their separate property upon divorce - IF it is still separate property.
Yes, it's a slow Friday afternoon for me!!
Last edited by GirlTravels; 08-22-2008 at 02:48 PM..
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