My marriage is currently dissolving and my wife and her father own a business together. While starting the business I had to drop out of school and assist with getting things up and running. My wife and I signed no pre nuptial agreement. Do I have any claim to her 51% of the business?
Yes, if your wife acquired her interest in the business during the marriage, then her 51% interest is marital property and subject to being divided in equitable distribution.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you so much Anna for your insight. Follow up question, would a State Police Officer in the insurance fraud division have the ability to access banking account information, hack emails, and or tap into cell phones to access personal messages? (My wife has been cheating on me with one.)
A law enforcement officer would only be able to lawfully access this information pursuant to an official investigation and with a lawfully obtained search warrant. Anything else would be improper and illegal.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
What legal obligation do I have to keep my wife on my employee health insurance plan. We are currently separated. Will file for divorce on 01OCT2020. Thanks.
If you are the supporting spouse and she is the dependent spouse, you should plan to keep your wife on your health insurance plan until the divorce judgment is entered. However, without a separation agreement or court order (for postseparation support or alimony) addressing this issue specifically, you would not have a contractual or court ordered obligation to keep her on your health insurance plan and you could remove her, but there could be consequences to this depending on your exact facts and circumstances.
Even if your wife is not a dependent spouse, it is still common and routine for the spouse that maintained health insurance during the marriage to maintain the health insurance during the separation as well (assuming your wife does not have health insurance offered to her through her own employment), which is why you should plan to maintain the health insurance for her until the divorce judgment is entered.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.