Crazy ex-wife


#1

I’m not an attorney, but there may be a time limit where as if you left and didn’t come back it may be looked upon as abandonment. If, however, your name is on the deed of the house, I would suspect you could enter legally. I would, however, have the police escort you there for purposes of preventing her from making false accusations.


#2

Dear TurtleHead:

First, if you have a divorce judgement, and have not signed a separation agreement or filed an action for equitable distribution, you LOSE THE RIGHT to file for equitable distribution. If the house is not in your name also, you may have no rights to it. How is it titled and did you file an action for equitable distribution?

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#3

My ex-wife filed for equitable distribution when we separated. Yes, both names are on the deed. Can I legally charge her new husband rent? He is staying there about 3 nights a weeks.


#4

Does it matter who filed for the equitable distribution? She filed for equitable distribution and we both signed it.

I tried to get in the house when the alarm was off about a month ago. I even changed the locks. She, her new husband, and her brother (who is a deputy sheriff) broke in and took my locks off while I was gone for 45 minutes. Now she’s leaving her dog in the house while she’s at work to make it look more like her residence.


#5

Dear TurtleHead:

Two people cannot file for equitable distribution in the same complaint/lawsuit. If she filed a complaint, you would have answered and counterclaimed for equitable distribution. If you did not do this, RUN (do not walk) to an attorney’s office to ensure that you can still divide your interest in the house through equitable distribution.

You cannot charge her husband rent, but you may be able to imput a rental income to get more of the equity out of the house. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#6

My wife and I have been divorced for 5 months. I voluntarily moved out of the house when we were seperated and she continued to live there until she remarried this past November. We have not been through mediation so no property has been settled. There are NO court documents preventing me from entering my home. She did install an alarm. My ex is living with her new husband in his house and living in our old house in an effort to get me to settle sooner. Can she live in two housed to try to keep me out? Would it be considered domestic trespassing if I break in when she is not there?? Help!