Question:

Dear Cape Fear Family Law:

My mother passed away 5 years ago and left me some family land.  About 3 years ago my husband and I cashed in some investments and built a house.  I found my husband cheating with my friend.  Since I inherited the land, are both the house and land mine?  I don’t have to share it with him, right?

-That’s mine!

Answer:

Dear That’s mine!:

Separate property is generally inherited, gifted to you, or items owned prior to marriage.  The land was inherited and would be separate, however I suspect that you may have changed the title during the time you were building the house!  This happens often during a refinance.  If you did change the title to include your husband’s name, you may have “gifted” the property to the marriage so that it is marital and not separate.  See an attorney before you do anything else and have them look!  Best of luck.

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

• No Attorney-Client Relationship: Reading this blog or downloading any related resource does not create an attorney-client relationship. That relationship is formed only when a written engagement agreement is signed by both parties.
• Information, Not Advice: This content is for general informational purposes only and does not constitute legal advice. Every equitable distribution case is fact-specific, and outcomes depend on the particular assets, debts, marital history, and county involved.
• No Guarantee of Results: Past case outcomes do not predict future results.
• Office Responsibility: Cape Fear Family Law is responsible for the content of this advertisement. Our principal office is located in Wilmington, North Carolina, with additional offices in Durham and the Jacksonville/Camp Lejeune corridor.