That’s Mine!

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...
October 4, 2014
That's Mine

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.

Legal Disclaimer & Ethical Notice

  • 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, Raleigh, and the Jacksonville/Camp Lejeune corridor.

Select your North Carolina County

Select the North Carolina County that your case will be filed in to see which of our attorneys practice within your county. Then choose a lawyer form the list to read more about each attorney.

Janet L. Gemmell
Practicing law for over 20 years may have caused Janet some gray hairs, but she remains young at heart, probably because she loves what she does. Janet's focus is to work with clients building new lives after relationship turmoil and although it is hard work, she finds it utterly rewarding. Such work and experiences gives Janet a ton of insight and along with her legal knowledge (afterall she is a Board Certified Family Law Specialist) she is able to get to the heart of any legal matter quickly in order to start helping clients find resolutions and to get their lives back on track.

Latest Blog Posts

What Documents Does My Attorney Need Before Alimony Negotiation?

The Complete North Carolina List.
For an alimony negotiation in North Carolina, gather records showing both spouses’ income, actual household expenses, assets, debts, insurance, and employment benefits.

Should I Keep the House or Sell It?

The Short-Term Case for Stability and the Long-Term Case for the Asset

How Do I Prove My Standard of Living for Alimony?

In North Carolina, you prove the marital standard of living for alimony with categorized monthly numbers from real transactions, not from memory.

How Is Alimony Calculated in North Carolina?

There Is No Formula — Here Is What Actually Decides the Number

A Child Was Left at My House and DSS Was Never Involved. Do I Have Any Rights?

If a child was left in your care and no court or DSS was ever involved, here is the hard truth

Can Grandparents, Aunts, Uncles, or Other Non-Parents Get Custody in North Carolina?

Can grandparents get custody in NC? The honest answer: only by proving unfitness or conduct inconsistent with parental status. Custody and visitation rules explained.

Our Core Values

Knowledgeable

Knowledgeable

We know what to do and we actively share our knowledge.

Integrity

Integrity

Honesty in action and a good moral compass.

Empathetic

Empathetic

Active understanding without judgment.

Accountable

Accountable

To yourself, your clients, your colleagues and the court.