Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My wife and I separated 4 years ago. She moved in with a friend

My wife and I separated...
My wife and I separated 4 years ago. She moved in with a friend and has not contributed anything to the payments ot upkeep of the house since then.

The Deed to the house is in my name only. What is her legal input, if any, as far as selling the house or dividing the estate in a will?

Thanks for your input...regards.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
3/1/2012
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,929
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

Was the home purchased during the marriage, or beforehand, and with only your money or the money from both of you?
Ask Your Own Family Law Question
Customer reply replied 5 years ago
The home was purchased with money from both of us during our marriage, but she signed a quit claim deed so the house would not be liable if she made a business mistake. She did home repair without insurance.
Thank you.


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.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,929
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,929
102,929 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,929 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My daughter is separated and considering divorce. She would
Hello, My daughter is separated and considering divorce. She would like to know what, if any rights she has in a divorce proceeding as her immigration papers are not completed yet. She was living with… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Husband and I are separated filing for divorce after first
Husband and I are separated filing for divorce after first of year. I hear that I can not lock him out as house is not mine yet. Even through we are joint owners of house does he still have the right … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Question about legal separation/ legal divorce in CA: CA. My
Question about legal separation/ legal divorce in CA: … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
I would like to know what the commonlaw marriage divorce
I would like to know what the commonlaw marriage divorce rights are in Colorado. I have proof of commonlaw marriage. My husband pays for the house and my car. How will this affect my rights? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Divorce and custody Alaska. Wife filed for legal separation
Divorce and custody Alaska. Wife filed for legal separation and I responded changing to a divorce. Married 12 yrs with 3 kids. 6 yr old, 3 yr old and 11 months. Own a business and business is struggli… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I have just gotten a divorce and the separation of property
I have just gotten a divorce and the separation of property is coming up. My attorney never brought up the fact that my wife was having and affair. Can this be brought up at the trial for separation o… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
When a couple gets divorced, are you able to separate
When a couple gets divorced, are you able to separate without any person receiving any type of money or custody over something if both agree?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
After seven years of marriage and a may be divorce I would
After seven years of marriage and a may be divorce I would like to know what amount of alimony might be due. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Advise for couple late 70's wishing to divorce or separate,
Advise for couple late 70's wishing to divorce or separate, best solution for handling finances … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I filed for divorce. I'm in a same sex marriage. If he
I filed for divorce. I'm in a same sex marriage. If he doesn't sign the waiver but doesn't show up for the final court date or he doesn't sign the final decree, will I still be granted the divorce? I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am divorced. And in our separation agreement, which
I am divorced. And in our separation agreement, which carried over to our divorce, my Xagreed to continue paying for a life insurance policy on me. We had had the policy for about 35 years. She paid i… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I want to file for divorce. I have been separated from my
I want to file for divorce. I have been separated from my spouse since 1992. I live in California. My spouse lives in Pennsylvania. I am about to move to Georgia. In what state should I file for divor… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Starting a divorce. We are separated. We began and operated
Starting a divorce. We are separated. We began and operated a business together in 2004 and continued to operate it together up till 2014 when we moved the business out of our garage into a warehouse,… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,959 satisfied customers
Divorce/Separation/ Partition Agreement Questions: My CA
Divorce/Separation/ Partition Agreement Questions:My CA husband and I have physically separated after 14 years of marriage. Our arguments have been over financial issues. Instead of divorce or legal s… read more
socrateaser
socrateaser
1,031 satisfied customers
If my stepmom wanted a divorce and maintained a separate
if my stepmom wanted a divorce and maintained a separate residence, and my father dies, can her next of kin status be compromised? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Divorcing a cheater! Wife owned home prior to marriage.
Hi, divorcing a cheater! Wife owned home prior to marriage. Refi's to lower rate and reduce term of mortgage. Cheaters income used to qualify for shorter term, 5 years older and retirement planning. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x