Equitable distribution


#1

Dear momof2:

Greetings. Yes, it is the children’s property, but the parents that argue about child custody need these items divided. Also, I should mention that this is marital property owned by the parents and used by the children generally.

He is correct to list all gifts that you each gave each other during the marriage - as gifts between spouses is marital property. You will be able to keep your ring, but you will also take the value for it (meaning that you will take cash or value somewhere else).

Yes, he will have to account for his behavior and judges are no joke - they are smart individuals. They will catch on to his behavior.

You need to file a motion for interim distribution to ask that your husband transfers money to you for attorney fees.

I hope that I answered all of your questions. Please let me know. 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

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

I’ve received my husband’s equitable distribution affidavit. In it he is listing the children’s bedroom furniture, tv’s and computers as household property, isn’t this their property, some of it was gifts for birthdays?

Also, he has listed my jewelry as marital property even though he gave it to me for Christmases, anniversaries and birthdays. It was my understanding that gifts do not qualify as marital property, but if I had purchased them for myself or if he had purchased them for me and they were not gifts then they would be included. He did not include the jewelry/watches that he purchased for himself or any that he received as a gift. He said that because one of the pieces was my wedding ring, then he is entitled to 1/2 of it. First, this was not given to me as an engagement or wedding ring, we started w/ a small diamond as a Christmas gift and then he upgraded the size of the diamond and the band a couple of times as Christmas or anniversary gifts. I don’t wear the ring and it has no meaning to me any more, but I would like to keep it to give to our daughter.

He has also liquidated both of his retirement accounts. I know that he will still owe me for some of this (his account was much larger than mine and more than enough to pay off all of our marital debts), but I doubt any will be left by the time our hearing is settled. Is there a way to have debts that are in my name now, assigned to him to account for some of the retirement that I will not be able to receive due to him spending it? He has greatly devalued his accounts and denied receiving his bonus, but I do have the documents to prove otherwise. Will the fact that he is trying to hide how much he really has affect the judge’s decision? He is angry that I didn’t file for a no fault divorce and has sworn to get me back for it. He has physically and otherwise abused me for years and the last time, I had him arrested and he has been convicted of domestic violence and I felt that I had every right to include that in the divorce papers.

Any answers would be greatly appreciated, I have spent $10,000 in atty fees and have nothing to show for it, my atty will no longer work w/me because I am out of money, even though I only asked that he file a motion to keep my husband from liquidating his retirement so that I would have money to pay him additional fees. I’m pretty much on my own and don’t know where to turn. My husband knows this and is holding money over my head to try to get me to change my mind, but as long as I have my kids, he can have everything else, I will never allow them to think that what he did was ok, I just hope the judge is able to see what kind of person he is. Sorry for the long post, I just have a lot on my mind. Thanks again.