# Distrubution of property **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [December 7, 2008, 6:24pm UTC](https://forum.rosen.com/t/distrubution-of-property/6838 "2008-12-07T18:24:51Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [December 7, 2008, 6:24pm UTC](https://forum.rosen.com/t/distrubution-of-property/6838/1 "2008-12-07T18:24:51Z")
Equitable distribution cannot be filed unless you are divorced. You can file a motion to dismiss it based on the fact that you are not separated. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com](http://radio.rosen.com) for details Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Sutton Station 5826 Fayetteville Rd. Suite 205 Durham, NC 27713 Phone: (919) 321-0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![daego43](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@daego43](https://forum.rosen.com/u/daego43)\ **Post date:** [December 8, 2008, 9:43am UTC](https://forum.rosen.com/t/distrubution-of-property/6838/2 "2008-12-08T09:43:18Z")
we both had protection orders agianst one another i did not have an attorney and was denide one when i asked. i had evidance to show my disabilities but could not submit it at her attorneys request. i also had evidance shoiwing that she had her sister call my cell phone and herass me. i also had papers from the electric company stating that she had the lights shut off while i was at the house her attorney agian denide my right to show cause. i was also under the influance of seraqual, xanax and morphene i was not at a sound state of mind but they still went on with the trial for protection order. because of my state of mind they dismissed my case and awarded hers. so i was removed from the home. now i am idagent because of these actions. being that i was removed from the home does that mean we are seperated? and what can i do about the rest of this mess besides report the judge and attorney to the bar thnx ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [December 8, 2008, 10:35am UTC](https://forum.rosen.com/t/distrubution-of-property/6838/3 "2008-12-08T10:35:04Z")
Yes, if you are out of the home then you are separated. If you have assets and an action for equitable distribution has been filed, you can ask the court for an interim distribution of money from your bank account or other property. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com](http://radio.rosen.com) for details Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Sutton Station 5826 Fayetteville Rd. Suite 205 Durham, NC 27713 Phone: (919) 321-0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![daego43](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@daego43](https://forum.rosen.com/u/daego43)\ **Post date:** [December 4, 2008, 4:25pm UTC](https://forum.rosen.com/t/distrubution-of-property/6838/4 "2008-12-04T16:25:36Z")
i was served with a equitable distribution summons. we are not legaly seperated or are we going through a divorce at this time. how do i resond to this order and were would i find the correct documents for the response thnx