Equitable Distribution


#1

You are entitled to 1/2 the marital assets and debts as is she. She can not keep everything including your clothes. If she is found to be selling off marital assets you are entitled to 1/2 the money from those sells. Get a separation agreement drawn up. Make sure that she knows that though she may have control of all the assets at the moment that the interest in those assets is 1/2 yours and you are entitled to them.
If she has not forbid you to come back to the residence then you are entitled to go back for your clothing, personal items, and property. If she has forbid you to come back then without a court order demanding the property be turned over to you, even with a law officer present you can not go back to the residence. If this is the case, then you need to get an attorney and start negotiating for your stuff. Yes, it’s true that she could draw out these negotiations well after the divorce is final but I’m sure that her attorney will advise her how unwise it would be not to at least consent to let you gather your clothing and other personal effects. If things are damaged or sold, you have the right to ask her to replace those items or 1/2 the value of the sold item.
Good Luck to you.


#2

Dear Wheels,

You are entitled to half of the property that was acquired during your marriage. If she is not willing to give you this property you can file a motion for Equitable Distribution and the court will force her to give you some property.

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

I left my wife, and now she is holding everything hostage. She said she can drag it out for years even after the divorce and I cant get anything. Why does she get to keep it all? As long as I dont sell anything, should I not be intitled to some furniture and other belongings that we aquired during the marriage. Does she have the right to not let me have anything? If I take a Sheriff to the house what can I get? just my clothes.