Legal Question in Family Law in North Carolina

I live in North Carolina, and my ex-husband and I were separated for one year and he filed for divorce based on separation for more than one year. I could not afford an attorney but mailed an answer to the clerk of court regular mail, which they say they did not receive (I have dated copy). I was never notified of any hearing and an absolute divorce was entered this week (I received a copy of the judgement in the mail). In his complaint he stated that "no pending actions for equitable distribution exists." I contacted his attorney and asked abou the truck title, and two days later 5lbs of sugar were poured in my gas tank (police report filed). In the answer I mailed (but the court claims they did not receive) I raised the issue of the truck, which remains in both of our names, asking for his signature to transfer title to me. At no time during the one year separation or in the divorce claim, did he ever ask for the truck, for half the truck, or anything. The truck has been in my sole possession since the date of separation. Three questions: 1. Is the property still legally "marital property" or is it now "community property." 2. did he give up his rights to his half of the truck by stating that no ED claim was pending and obtaining a judgment for absolute divorce? (in NC, I hear that ED claims cannot raised after absolute divorce becomes effective). 3. Do I have to file a separate civil suit to obtain his signature on the title? Thanks. Mary W.


Asked on 6/24/11, 12:23 pm

1 Answer from Attorneys

Bob Bollinger Bollinger Law Firm PC

You screwed this up. You needed a lawyer. The truck belongs to the two of you as co-tenants, apparently.

Read more
Answered on 6/30/11, 4:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in North Carolina