Can spouse take 1/2 of everything after only 2 years of marriage?


#1

Hi, I’m new to this forum and I am looking for guidance/answers. I married my ex on 08/2013 and separated the first time on 08/2015, then reconcile on 03/16 and he left for good on 05/16. I know that reconciling re-started the one year separation in NC. I bought my house in March 2006 so when we got married in 2013 he moved in to my house. He was between jobs when we got married so he was not contributing at all at first, then he got a part time job that only makes 10,000 a year and he went back to school to finish his career. I didn’t think of any of the consequences if we ever got divorced, but now he is telling me that he is entitled by law to half of my 401K savings and the equity on the house from the day of marriage. He doesn’t talk about debt acquired during the marriage, maybe because it is all in my name. Anyway, I understand dividing assets after so many years of marriage, but after ONLY2 years he is clearly looking for a payoff. Please any advice will be really apreciated


#2

Your husband is entitled to one-half of the value of the marital property (anything acquired from the date of marriage to the date of separation, but not inheritances) even after only a two year marriage.

The house could be a dual classification: your separate property (because you bought it prior to the date of marriage) and marital property (if any of his income helped pay down the mortgage or make improvements).

He is entitled to one-half the value of your 401(k) that accumulated from the date of marriage to the date of separation, plus any passive increases. He is not entitled to one-half of the entire 401(k) value.

He is also responsible for one-half of the marital debt, which is debt acquired during the marriage for a marital purpose.


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.


#3

One more question, the car that he drives, we got it on 07/2014, it is in my name only but he makes the payments. He doesn’t have bad or good credit, so he cannot get a loan to transfer the car to his name (aside from only making 10,000 a year). He said a couple of months ago that we should draw a paper/agreement saying that I will not take the car from him (since legally is my car), which I said ok because I have no interest on that car. I guess my question is, will that car be considered marital debt or will the judge award the car to him automatically because he needs it to go to work? can he change it to his name with a court order? He already admitted that he is after the house and 401k to pay it off, but he is not taking into consideration marital debt, so whatever money he can get from me he will have to turn around and apply it to the debt. Is that how it will work. Thank you so much!


#4

The car is marital property and the loan is marital debt. He will need to refinance the loan into a loan in his individual name and title will need to be transferred to him. Oftentimes in a situation like this if a spouse cannot refinance the loan or obtain a new loan, the spouse keeping the car and making payments on the loan will be required to hold the other party (you in this case) harmless and indemnify that party until that spouse is able to refinance or the loan is satisfied in full.

Judges will typically award cars to the spouse that routinely drives them.


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.