Do I have a an rights:


#1

First, you can sue his girlfriend and possibly his friends for AofA but is it really worth it? What you would have to do is have an attorney write up letters threatening suit to all three of these people and then have enough proof of your viable marriage before he met this person, so that if they do not “settle” and decide to go to court, you can show they are at fault for the demise of your marriage. I do not know if the two friends can be sued for this unless they did more than just introduce them.
As far as the PO Box goes, I believe that it’s still a federal offense to tamper with someone else’s mail and that would need to be addressed with the Post Office or the DA’s office, especially if they admitted the tampering and forgery.
You can not have a name removed from a loan. It would have to be refinanced or paid off and then signed over. Most people try to get their name off of loans, especially home loans, when divorcing. This is not a reason for you to be entitled to keep all of the profit from the sale. The only way you would be able to have him continue paying you monthly is if you are granted alimony or post separation spousal support. That would be if you are a dependant spouse with no income. Or if there are children involved and he is paying child support. Other than those two reasons, I do not believe that you would be allowed to ask him legally to keep paying you for anything once the home is sold and proceeds split. Once the debts and assets have been divided, after the divorce, if there are no children involved, then you should no longer have reason to be in contact with him for any reason.


#2

You may have a legal right to alimony if your Husband earns more than you. That right would exist regardless of where you lived. If you sell the double wide and stop paying the mortgage he may still be responsible for paying you support. If he agreed you could have all the profit from the sale, but if you went to court, you would be required to share it.

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.


#3

My husband left me in January of this year and moved in with his lover. He is at the moment paying me $300 a month for double wide payment and lot rent ($200) and because I can’t drop him from my insurance until we are legally separated; he’s paying $100 a month for the insurance which makes my part more than I would be paying for single insurance. He took all the credit card bills which he came into the marriage with and I have been paying on those for anything we charged and for things that his two ex-wives charged before we were married. All of the utility bills have been changed to my name. I have had to take on cleaning houses to pay everything (despite the $300 a month) and be able to save for my hospital bills because I had gall bladder surgery in February (it’s been a crappy year). The double wide we own together is out in the country and I would like to sell it and move back into town near my family. I know he is entitled to half of anything that we might make out of the sale, but can I do this and still have him legally pay me $200 a month when I move? I talked to him recently and in a (sort of) joking manner asked if he wanted the double wide back and he said, "why would I, I have a place to live and also that if I wasn’t there that he would let it go back. He also said he had called the place we have the loan on the home with and asked if he could sign it over to me and they said no, because it would have to be paid off first. I know this maybe hear say, but is there anyway I can use this to keep the profit from the sale of the double wide as little as it may be? Also, can I sue his lover and his two friends (that introduced him to his lover) for Alienation of Affection? He admitted everything to me about her and how he meet her (his friends) and how long it had been going on. One of his friends filed out a change of address form on my PO Box (the box is in my name) and forged is name to it (he admitted this to me as well, the forgery) and I only found out because the post office won’t let you forward mail from a PO Box unless you close it. Can I do anything about what this person tried to do to my PO Box?