Divorce prior to marital property settlement


(Helena Nevicosi) #1

If the divorce is finalized prior to resolving your property issues, it means you are losing your right to equitable distribution. This means you cannot go to court and order your spouse to share marital assets with you, you cannot ask the court to divide assets or debts and you cannot force him to give you a share of any assets in his name.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

ROSEN.COM

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

What am I giving up if I choose to divorce prior to having a complete property settlement? I understand that if all items aren’t agreed to prior to absoluate divorce then whatever isn’t can be identifed as ‘pending’ in the divorce proceedings. If that is true, where exactly is that documented? Thanks in advance.


(Sandra Jackson) #3

So I did a pro se divorce in 2014 and the marital property was not addressed at the time. Even though my name is still on the property/deed am I no longer entitled to rights to the property? My ex-husband will be remarrying soon will his new wife have any financial interest in the home?


(Anna Ayscue) #4

If your name is still on the deed then you still have ownership rights in the property. Since it was not addressed prior to the absolute divorce being granted, you cannot ask the court to help divide the marital property.

Your ex-husband’s new wife will not have any financial or ownership interest in the house because your ex-husband acquired it prior to the date of marriage with his new wife.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


(Sandra Jackson) #5

If my ex-husband wants to sell the house then he would need my permission to do so, correct? Or if I want my name off the residence, he would have to refinance correct? In either case can I put something in writing regarding to what amount I want (if we mutually agree to terms) get it notarized and submit it to the courts.


(Anna Ayscue) #6

Yes, if your ex-husband wants to sell the house then he would need your permission too because you would also have to sign the deed to the buyer.

If you want your name off of the deed, then you would have to sign a deed as the grantor granting your ex-husband your interest in the house. He would have to refinance in order to take your name off the mortgage.

You can draw up a contract with specific terms and responsibilities with deadlines and have each of you sign it with your signatures notarized. This would become a contract but you would not be able to file it with the courts.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.