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Can property that was separate become marital?

Yes. For real estate that might otherwise be classified as separate property (because it was owned before marriage or acquired during the marriage by gift or inheritance), it may become marital property if the other spouse’s name is added to the deed. Also, if property that is otherwise separate increases in value during the marriage through “active appreciation” this increase in value may also be classified as marital property. The law pertaining to “active appreciation” and “passive appreciation” is very complicated and North Carolina Family Law Attorney John Fernandez is available to discuss it and determine how it may apply to your case.

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.


John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

Estate Planning Services Tailored To Meet Your Needs

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