Distribution of Assets

North Carolina Divorce Law Divorce and Separation Answers
1

Dear deeboe:

Greetings. Funds spent on the home are entirely marital. The funds used to pay off your spouse’s car are a distributional factor, which the court can take into account to determine whether or not your wife should get half of the assets.

Also, yes, your spouse can obtain the divorce in your absence, but you will want to let her know your whereabouts, so that she can send you an acceptance of service which you will need to sign with a notary. Otherwise, I imagine that serving you will be a large task. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.

2

I received a large insurance settlement before I was married. When we got married I initially invested it in mutual funds under both our names. It was later used for a down payment on a home titled under both our names and other investments. I also used an inheritance of mine to pay off her car loan while we were trying to get the home loan. Am I entitled to any consideration under distribution of assests or are they all marital now and she’ll get half?

One more quick one…If I’m working out of the country for the next year or two will she be able to get divorced in my absence or will she have to wait for my return? Thanks!!