Abandonment & marital property


Dear Jackie Treehorn:

Greetings. Yes, you will have to divide property (usually 50/50) regardless of any fault. No, her behavior is unlikely to sway equitable distribution, but you may want to run your situation by an attorney just in case. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My wife left several months ago and took the children to an undisclosed residence. She’s since moved to another place & I know where it is and visit occasionally to help her out & pick up & drop off the children for my portion of the custody. During this time, we drew up a tentative separation agreement but I haven’t yet sought the advice of a lawyer. She has and has an agreement that she hasn’t given to me yet to look over. My main question is: Will I probably have to split the value of our home 50/50 even though she is the one who left? Can her behavior before (no proof of infidelity but probable AA) & after the separation affect a judges decision in granting an equitable split in property?