Division of Property

Dear espence:

Greetings. The courts generally divide property 50/50. I am not sure what circumstance you are looking at - you can simply refinance and pay your husband his share of the equity from the home, if other factors do not exist for dividing the property differently. You may want to file a divorce from bed and board and you should file for child support, even if he is living with you. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.

My husband and I own a home. Our names are on the deed however, only my name is on the mortgage. My husband does not work. I pay all of the household bills. Do the courts divide the property 50/50 or do they take circumstances like mine into consideration? We have 4 kids together and still live in the same household. He refuses to leave the household. We have been married 8 yrs, he has worked in the past but has never contributed to the household.