Home equity / No separation agreement


#1

Dear hugheske:

Greetings. You do not want to finalize your divorce without resolving your equitable distribution claims. Please explain why you are doing this?

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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 was served with the summons and complaint. In the complaint she did not ask for anything other than the divorce (they were the same forms you have on this website…I filled them out and sent them to her with instructions on how to file) Anyway, I am in the military stationed in California so going back and forth to NC for court is the last thing I want to do. I want her to sign the agreement and I will sign off on my 1/2 of the home equity…but if she does nbot sign the agreement and the divorce goes through…will I have a right to 1/2 the equity because my name is on the deed? I am hoping to use this as leverage to get her to sign the agreement. All other issues have been resolved already between us (I took the debt, she took everything else…which is ok with me…it was just stuff) Thank you.


#3

Dear hugheske:

Greetings. Actually if the divorce goes through, that changes the manner in which you both own the property together and you may or may not be entitled to half the equity then. You must immediately speak with a NC attorney in the county where the action was filed to assist you. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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.


#4

My Wife and I have been separated for oveer 1 year now. We have taken care of all of the issues regarding refinancing debt in our own names, division of household goods, pretty much everything. We have agreed that I keep my military retirement in exchange for me signing off on the deed and her getting the equity in our home, the agreement is in writing but not notarized or anything. Alimony and child support have already been established by the courts. I have had a Separation agreement and property settlement drawn up stipulating all of the items we agreed on initially, however, she is saying she wont sign it…even though she agrees. she says that we do not need one to get a divorce, which I know to be true, but I will not sign off on the deed without it. I want to press forward with the divorce regardless. My questions are these: 1) If I file the complaint and she answers it with no claim for equitable distribution, and my name is still on the deed, will I still retain 1/2 of the equity in the home once the divorce is final? 2) After the divorce is final, if there is no claim pending for ED, will she lose rights to my retirement? 3) Since we have already divided up all other property and monies, will that be an issue as well? Thank you for any advice you can give.