Both Names on Property

North Carolina Divorce Law Divorce and Separation Answers
1

Senario: IN the midst of working on separation agreement…joint ownership in rental property. Rental property management issued check in my husbands name ONLY for Home owner asssociation refund for property improvement overage to all owners of condos. I (the wife) deposited the check in OUR joint checking account and then transferred the money over to bank account in MY name only. Husbands finds out this was done and then threatens to have me arrested because he says I commited a federal crime by opening that mail and depositing the check even though it was our joint checking accout. I repeatedly asked husband to get his address changed and he would not do it. Did I do wrong? In reality all of the mail from this management company should be coming in my name also. Please advise…

Also husbands says now that he no longer lives in our house that any unpaid bills are MY responsibilty…ie TV we bought with same as cash deal that we still owe on, termite prevention system that has a balance that we pay on monthly, new washer that we bought that we pay on monthly. How did I get all of this responsibilty because of his affair and leaving the house?? Help?

Thank you!

Thanks!

2

If the mail was addressed to your husband, it is a violation of the law to have opened it, regardless of who it should have been addressed to.

With respect to the household bills, and other property issues, you should file an action for equitable distribution of property, and if you are the dependant spouse, you may be entitled to receive monthly support payments.

3

Wow yeah…Also, if you signed his name to endorse the check for deposit, I would assume there is a breach of law somehow there also… I just see all kinds of potential problems involved with this scenario. . .You took a check made out to him, opened it, deposited it into a joint account, then transferred it to your own account… While the transfer from a joint account to your own is probably fine, I question the legality of how the funds got into the joint account to begin with.

Disclaimer - I am not an attorney… This just makes sense to me…