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Old 01-14-2009, 03:12 PM
 
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There are divorce laws, estate laws, and real property laws that all have a say in defining who has what interest in property. Citing one provision of one law should not be confused with good and correct legal advice that takes all of the laws into account. Please, consult an attorney.
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Old 01-14-2009, 03:14 PM
Status: "Made the Retirement Run in under 12 parsecs!!!" (set 1 hour ago)
 
Location: Cary, NC
43,046 posts, read 76,581,655 times
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Originally Posted by CHTransplant View Post
There are divorce laws, estate laws, and real property laws that all have a say in defining who has what interest in property. Citing one provision of one law should not be confused with good and correct legal advice that takes all of the laws into account. Please, consult an attorney.
I, for one, fully intend to consult a professional bartender!
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Old 01-14-2009, 03:17 PM
 
Location: Five Points
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what i bring into the marriage does not become my wifes unless I want it to. That is the law I believe. My friends all consulted attorneys before they bought their homes.
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Old 01-14-2009, 03:25 PM
 
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Originally Posted by uncletupelo View Post
what i bring into the marriage does not become my wifes unless I want it to. That is the law I believe. My friends all consulted attorneys before they bought their homes.
If you die intestate (no will - not genitally mutilated LOL), NC law does give your spouse a part of your real and personal property.
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Old 01-14-2009, 03:30 PM
 
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And if you die with a will, your wife may have a right of election against the will.

I'm not saying your wife "owns" part of the real estate by virtue of the marriage, but in various circumstances the law does give her an interest in it. It's not a substitute by any means for putting her name on the title.
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Old 01-14-2009, 03:43 PM
 
Location: Five Points
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If you purchase it after marriage, she would not need to be on the deed. She owns half of it regardless. I had my wife added after closing because she was not on the loan as she does not work outside the home. My attorney told me it really did not matter, beacuse by law the house was half hers anyway. If I had owned my home prior, it would always be my home unless I added her to the deed and or will.
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Old 01-14-2009, 04:44 PM
 
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Ya know, this thread reminds me of why I LOVE my pre-nup!
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Old 01-14-2009, 05:00 PM
 
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My parents want to add me to the deed on their house. Is there a way we can do this ourselves simply and cheaply like go to the courthouse or do we really have to go through a lawyer and pay him/her.
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Old 01-14-2009, 05:01 PM
 
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Originally Posted by CHTransplant View Post
There are divorce laws, estate laws, and real property laws that all have a say in defining who has what interest in property. Citing one provision of one law should not be confused with good and correct legal advice that takes all of the laws into account. Please, consult an attorney.
Agreed! Additionally, there is the issue that if a house is purchased before marriage, but is mortgaged, and payments are made throughout the marriage what is the share of each.

The statute was not intended as legal advice, it was in response to something earlier posted!
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Old 01-14-2009, 05:23 PM
Status: "Made the Retirement Run in under 12 parsecs!!!" (set 1 hour ago)
 
Location: Cary, NC
43,046 posts, read 76,581,655 times
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Originally Posted by meanieme View Post
My parents want to add me to the deed on their house. Is there a way we can do this ourselves simply and cheaply like go to the courthouse or do we really have to go through a lawyer and pay him/her.
Go to an attorney. It isn't that expensive to get it done right.
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