Distribution of Property


#1

For a variety of reasons, my husband and I have chosen not to file for legal separation or divorce (both would affect his ability to be covered by my health insurance and collect my pension on my death), though we are living separately. Is it possible to have a distribution of property without either a legal separation or divorce occurring? He is currently residing in our home, while I am renting an apartment.


#2

In North Carolina, parties are legally separated when they begin living separate and apart. You can enter into a separation agreement that divides the property without finalizing the divorce. If there are retirement accounts that need to be divided, you can also have court orders entered to divide them based on a claim for equitable distribution without filing an action for divorce.