Legal Question in Family Law in North Carolina
I have been living outside my home for almost a year and plan to divorce my wife and i'm in the process of obtaining the paperwork. there is furniture in the home that I took out a personal loan in my name only to purchase and i'm still paying on it. I want to get the furniture but do not want to get in any legal problems over it. the last time I tried to get it she removed some of it and hid it at a friends house. so what legal rights do I have to it especially since I am still paying the loan
1 Answer from Attorneys
Property bought during the marriage is marital property. You can get the property by getting her to agree to allow you to have it or by filing a claim for equitable distribution in your divorce action. If you end up having to go the court route and not the agreement route, you may as well hang up your idea of getting 'divorce paperwork' and hire an attorney - unless you are an experienced family law attorney, you are not competent to present an equitable distribution claim. If the furniture is the only thing you are fighting over, you may want to decide if the cost of letting the furniture go is worth what it will cost you to get it back. The other thing you could do is allow the furniture to be repossessed. Especially if you are dealing with a Rent-A-Center type deal. If you allow repossession, it may affect your credit a bit but her hiding the furniture is a crime and she will likely be prosecuted. Also, you may be able to work out a deal with the company that if they will repossesses and take possession you could then catch up the payments and take back the furniture yourself and not have your credit affected. Of course, it will still be marital property and if she files a claim for equitable distribution, you might still lose some or all of it in a court action even though you are the one who paid for it