3 Legal Questions Regarding Separation


#1

OK first let me say that I am a guy, I am the dependent spouse, not currently working, and I signed a very unfavorable (to me) pre nuptual agreement which pretty much leaves me with nothing in terms of alimony or settlement. Yes, I am a complete idiot… but now I just want to do the best I can moving forward with my divorce. My wife and I still live together but she is trying to get me out of the house so she can start the 1-year countdown to filing for divorce.

  1. If she has assets which are her separate marital property, such as a stock portfolio, does she still have to reveal to me the specifics of those assets in discovery, or can she keep the info from me since it relates to separate marital property?

  2. She wants me out of the house (which is hers) and is going to try Divorce From Bed And Board. I am not abusive or an alcoholic or anything like that, but her contention is that she just wants to get on with her life and by staying with her, I am not allowing her to do that so I should be forced to leave. Can she kick me out under those circumstances?

  3. Is there any legal mechanism by which I can stay in the house but also get the 1-year counter running?


#2
  1. If she aquired these during the marriage, then I believe they are marital assets, thus open to discovery

  2. NO. You have just as much right to live in the house as she. BUT she could leave and immediately file for interim distribution and ask that the house be given to her since it was her property before the marriage. Divorce from Bed and Board doesn’t seem a viable reason in your situation

  3. NO, definitely not


#3

[quote=“comingclean2”]1. If she aquired these during the marriage, then I believe they are marital assets, thus open to discovery[/quote]They are not marital assets, just trust me on that :slight_smile: So the question is will separate property still be open to discovery?

[quote=“comingclean2”]2. NO. You have just as much right to live in the house as she. BUT she could leave and immediately file for interim distribution and ask that the house be given to her since it was her property before the marriage. Divorce from Bed and Board doesn’t seem a viable reason in your situation

  1. NO, definitely not[/quote]Well, one thing’s for sure and that’s that she ain’t going anywhere and absent a court order, neither am I.

Boy it’s gonna be a fun summer…!! :smiley:


#4

To answer #1. I’m not sure. I don’t THINK they’re open to discovery, but the lawyer best answers that.

I’m assuming there was a prenup done in order to protect the premarital assets. That’s why they have prenups. Just know that anything accumulated DURING the marriage (including any increase of equity in the house after marriage) is a marital asset and open for distribution UNLESS there is something in the Prenup addressing that.

I believe the prenup would have to be examined by a lawyer to see what your options are.


#5

You have the right to conduct discovery to ascertain what items of property and assets are covered by the prenup and which assets are not. In order to remove you from the marital residence (separate property or not) your wife must prove that you are at fault and have engaged in some sort of marital misconduct.
You cannot stay in the home and start the clock on the one year. NC requires that spouses live in separate residences to be separated for purposes of divorce.