Marital property is defined as all property acquired during the marriage and prior to the date of separation
in NC. Even real property acquired prior
to the marriage or with separate funds which would ordinarily be the separate property of the spouse/ owner is presumed to be a gift to the marriage
in most cases. The presumption can be overcome, but it is the burden of the spouse claiming it was not a gift to show that he did not intend for it to be a gift to the marriage. The burden is very high to show that a gift was not his or her intent. The fact that only your name is XXXXX XXXXX title is a start, but your attorney would have to work more on this to prove that this was always intended to be your separate property. Honestly, the Court may still view it as a marital home and thus, marital property.
Therefore, while you technically have the right to control the property, she may attack it during divorce
or probate proceedings and claim it as marital property if she wishes to.
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