So the person that I am married to, for now, we are separated with a no-contact order for the next year. Anyway, he moved property to someone else place B4 he was removed from my house. I knew where it was, now he has moved it again, and won’t return it to my father’s land to be sold unless I give him $3000 that is half of what I paid for it about 3 years ago. Also, he has damaged it since then and I can’t get that much for it now. Do I go to the cops and report it as missing/stolen?
If it is marital property (acquired during the marriage but not acquired by inheritance), then it cannot be considered stolen property because your husband has equal rights to it too.
The best thing to do is to file an equitable distribution court action against him, which will ensure that all of the marital property and marital debt is inventoried and distributed equally (or equitably) between you and your husband, including the item that is contested.
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.
All the marital debt $60k + that he is mostly responsible for doing because of his not so successful business, anyway I am the only one paying any of it is all on my cards that he had access to i removed him so he would stop charging on them but now I have all the debt and very bad credit, also the payment for the debt consolidation he is not helping pay, that is in both names. He keeps saying I have to give him half of what I payed for the hidden property 4 years ago and not what it is worth now after he tore it up, what is right? I am the one with the steady income and always have been, he just used me to support him so he could sit on his butt. I am his 4th wife I know should have known, hind sight is 20/20.
Property is valued as of the date of separation for equitable distribution purposes. It is not valued by the original purchase price. If your husband damaged some of the property intentionally, you may have an argument for marital waste in order to value the damaged property at the value it would have been had he not intentionally damaged it.
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.