Legal Question in Family Law in North Carolina
Property Division
My spouse are getting a divorce in the state of NC. We are in agreement of everything however I have a question about things being finalized prior to the divorce being final. We have agreed to take a portion of eachothers retirement and to the home. Does the home need to be sold or equity be taken out prior to the finalization of the divorce. If the divorce becomes final prior to the house being sold who my spouse still be required give me any portion of the home. In his eyes I deserve no portion of the home althought we been married for sixteen years and the home was purchased during the marriage. He has done what he has intended which was to wait me out in terms of finances. He wanted me to run out of money for legal help which is why I'm asking this question on line. Thank you kindly.
2 Answers from Attorneys
Re: Property Division
We practice law in North Carolina and we primarily help families with issues of divorce, child custody, child support, property division, etc.
The standard rule in North Carolina is if it was purchased during the marriage, the property is marital. There are some exceptions.
So if your name is on the Deed to the house, you are probably entitled to one-half the equity. You will want to make sure that you get your name off the mortgage in case he stops paying it.
The simple, cheapest solution is to have an attorney prepare a Separation Agreement and Property Settlement (SAPS) and you and your spouse sign it. Your spouse would need to seek his own lawyer or represent himself.
Once the SAPS is done and the one-year separation passes, you could file for divorce and have the SAPS incorporated into your divorce judgment making it a fully enforceable Order of the Court.
The retirement plans would probably require Qualified Domestic Relations Orders.
We handle all of this on-line through our Virtual Law Office for North Carolina residents. For more information, visit us at www.ricefamilylaw.com.
Always consult with an attorney licensed in the jurisdiction where you live so that they can obtain the complete facts and advise you accordingly.
Good luck!
Re: Property Division
It surely sounds like you need someone to help you in this matter. Do you have an attorney representing you? If not, you should consider seeking out a kind lawyer to give you some free advice, if you can not afford a consultation. I don't think your questions can be answered online.
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