Snow Camp, NC asked in Real Estate Law and Family Law for North Carolina

Q: I am getting married and we are going to be purchasing a house in a few months. Can I put just my name on the house?

The proceeds from my current house (100% mine) plus $300k of my savings are going into the new home. We are taking out a $200k mortgage in both of our names. Will all this be 50/50 after we get married?

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2 Lawyer Answers

Melissa Averett

Answered
  • Chapel Hill, NC
  • Licensed in North Carolina

A: Presumptively, yes, it's 50/50 regardless of title, but the presumption is everything ok enjoy stronger if the house is titled jointly, aynd the mortgage holder will insist that it's titled jointly. You can, however, have an attorney prepare a marital agreement that says otherwise and gives you credit for your pre-marital contribution. Both spouses would need to sign the agreement before a notary. Don't use a computer form. I make lots of money off people who used a computer form that bites them later.

Melissa Averett

Answered
  • Chapel Hill, NC
  • Licensed in North Carolina

A: Get a prenuptial agreement.

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