Equitable distribution

North Carolina Divorce Law Divorce and Separation Answers
1

Dear freshstart:

Greetings. Here are my answers:

  1. I doubt that his/her criminal record will affect your equitable distribution. I would have to have more information though, which is best to give to your attorney and have them evaluate this fully.
  2. Yes.
  3. Yes.
  4. Possibly. Once again, the full story would need to be given to your attorney and they will need to evaluate the ramifications of your husband’s actions on equitable distribution, if any.
  5. Yes
  6. Possibly, but probably not.

Now, if you need to keep the marital home due to children, and you have your name on the home and can compensate your spouse for the equity, then you should be able to keep your home and the judge can order the same. Keep your head up and be happy that you have moved on from this man. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

Could any of the following factors affect equitable distribution?

  1. Spouse’s criminal record during marriage
  2. Spouse’s under-reporting of income
  3. Tax evasion … charges have been filed against spouse
  4. Attempt by spouse to have me declared mentally incompetant for the purpose of gaining control over marital assets (he was having an affair & had promised his mistress she could live in my house)
  5. Home mortgage loan solely in my name and just purchased within last 12 months with my savings as down payment
  6. Threats by both he and his mistress to get me fired from my job (I’ve held the job over a decade and fortunately have the support of my superiors); my employer actually had to instruct personnel not to let my husband in the building and they had my supervisor’s corporate cell phone # changed due to repeat phone calls from my spouse

I really wouldn’t mind giving my spouse all of my 401K and my retirement because I have good earning potential and am not that old. But he is adamant that I sell my home (which the children and I live in) and give him half of the profit.

My spouse told me that none of the circumstances during our marriage matter because judges in North Carolina have no leeway when it comes to property distribution.