Divorce Decreed - vs- Bankruptcy


Dear bosstee:

Greetings. You need to immediately speak with a bankruptcy attorney. Do not walk, but run to their office. Best of luck.

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

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 ex wife and I separated on October 6, 2000. We were staying in New Jersey, in a house that we brought on May 1997. She left and move to North Carolina. This is where we both are from and where we were married. When she moved out of the house in New Jersey, where I still reside, she has not paid anything on the mortgage since Oct 2000.

She filed for a divorce in North Carolina and it was granted in April 2004. The divorce decreed stated: That the Court, at a later date, equitably divide the marital property of the parties which is located in the State of New Jersey with the Defendant, according to North Carolina General Statutes Section 50-20, et seq.

My ex wife than filed bankruptcy in July of 2004 and the trustee states he is entitled to half the equity in the house at this time of 2004. But the North Carolina General Statutes Section 50-20, et seq., states that she is only entitled to what the value of the house was when we separated in October,6 2000. The Trustee tells me that it doesn’t matter because she filed bankruptcy and he is going to get half of the property value of today’s date. There was very little equity in the house when we separated. Please help! Does the divorce decreed mean anything? Should I ask for a hearing or is it too late?