Who Gets the House in a North Carolina Divorce?

The marital home is often one the biggest assets to be divided during a divorce, and it’s not an asset that can easily be split between the spouses.When both spouses want the house, either someone will have to compromise or a judge will have to decide who gets it. The first issue that needs to be determined is whether the house is even part of the marital estate. North Carolina law has different rules for separate property and marital property. If the house is separate property, then the spouse who owns the house will get to keep the house. When the House is Separate Property Separate property is usually either property that one spouse owned before the marriage or property that was a gift or inheritance to one spouse. If your spouse owned the house before you were married, it most likely won’t be part of the marital estate and won’t be subject to equitable distribution. If one spouse bought the house during the marriage, it is usually marital property. This is…

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