Chicago, IL asked in Real Estate Law and Divorce for North Carolina

Q: How is a house bought with inheritance money settled in divorce in NC?

We bought a home for cash in NC 7 years ago with proceeds from sale of home in VA, paid off by my husband’s parents estate. Separated since January when I left for a job across the country. He listed the house in late July and we have a buyer and contract, which he just decided not to honor. Says he wants to live there for a year and not pay rent. His family has become involved and I believe are encouraging him to try to get 100% of the equity. I have continued to pay most utilities on the home, and provided most of not all support over our 30 year relationship, because he has never had a steady work record, expecting to be taken care of. I know NC is a 50/50 state, but my realtor mentioned there may be a caveat due to inheritance purchase. Can you help? Thanks so much.

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1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Yadkinville, NC
  • Licensed in North Carolina

A: I would need to review the deed to the house to give a definite answer.

However, it is likely that the house is in both your names and you and he own it as tenants in common. He is allowed to live there rent-free, but he is responsible for 50% of all expenses, taxes, utilities, hoa fees, etc. My advice to you is to contact a lawyer where the property is located and ask for help bringing a partition motion.

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