Division of house that one spouse owned before marriage

Assuming that mortgage, taxes, and upkeep were paid on the marital residence during the marriage from marital assets, then yes, the other spouse would be entitled to a portion of the value.

If it was kept as separate property it most likely remains as separate property  --- but the appreciation, if any, over course of marriage is likely up for equitable distribution

Spouse would be entitiled to increase in value from date of marriage to date of separation.

If mortgage, taxes and upkeep were paid from the marital estate, then the other spouse would have a ritght to a portion fo the house's value.

I'm not sure if his wages are considered marital assests.

Yes they are.

LynnM:

If mortgage, taxes and upkeep were paid from the marital estate, then the other spouse would have a ritght to a portion fo the house's value.

Of course that assumes that the house increased in value/equity during the marriage.  With the current housing bust that may not be the case.

My husband had the house 2 years before we met.  I helped pay for an addition on the house and a tractor thru a second mortage.  I have supporting papers to prove what I have paid.  Since we have been married the house and the tractor was paid off thru refiancing the house.  He paid off the first mortage, second mortage and the tractor.  Does any of the house or tractor belong to me or did I give him 36,000 pluse 1200 a month for nothing since I moved in Sept 11, 2007.  We were married Dec 31, 2009.  Since we were married the house went from 140,000 to 325,000.  What is my share.

AngelaEllis37:

What is my share.

Depends on how good a lawyer you have.

If you don't have a lawyer, you'll probably end up with nothing.

How much is left on the refi?  You would deduct the amount owed on the refi from the increase in value to the house.  If the tractor was purchased after December 31, 2009- the tractor would be considered marital and subject to division.

"We were married Dec 31, 2009.  Since we were married the house went from 140,000 to 325,000."

It seems very odd that in this housing market slump that the value of the property more than doubled in a 9 month period.  Are you sure about this?

The tractor was not paid for until we were married.  Does that matter?  Also he just go the house refi which he only refi 233,000 but the value was 325,000.  We have lived together for 4 years does that make a difference in anything.  Where can I find the laws of North Carolina.  We did have a verbel agreement to pay on the tractor and it was ours.  Also if he bought a car after we got married would it be considered mine or half mine?

The house was a forecloser home when he bought it.  His orginal Finance was for 140,00.  Then he took out a second Mortage in 2008, 8 months after I moved in.  The lady at the bank wouldn't give him the second mortage until he stated we were getting married and I had been putting 2400 in his checking account once a month.  His second mortage was 70,000 and the orginal was 140,000.  After the addition was done the house was appraised for 325,000 which is low for this are and the house itself.  I also have copies of all the paper work.  Nothing was paid off until we were married where does that stand.

The purchase price of 140k in 2005 (2 years before you moved into the house in 2007) is not the basis to use for determining the marital interest.  You'd need to determine what the value of the house was on Dec. 31, 2009 (minimallly 140k + 70k) and subtract that from the current value,then subtract from that the payoff amount for the current mortgage to calculate the amount of equity that has been gained during the marriage.  The years you lived with him prior to marriage doesn't count in terms of determining your marital interest.  Any money provided prior to that would be considered "a gift" unless you have a contract with your husband indicating otherwise.