Hello,
I left my ex husband with the house and 2 of my 4 kids. I took the 2 youngest and he took the 2 oldest. Last week one of the twins (18 years old) was grilling on a windy day while my ex husband wasn’t there. The house caught on fire and damaged most of the front.So now I have the 2 oldest and my Mother is keeping my 2 youngest temporarily…because I live in a 2 bedroom apartment. I was told by my Mother and the boys that the house will be demolished due to water damage this week or next week…since are not on speaking terms…i have to go through them. My name is on the house and I have contacted the insurance company about any money I can get during this transition. They said my name will be on the check so he cannot use them without me signing them. They also said the first allotment was sent so we can get past the first few days…i haven’t seen a dime!!! I have to provide for ALL 4 now and help my Mother out with any financial burdens she may have with my 2 youngest. Plus, schools are closed so everyone is home and Im not working because im a substitute teacher. He is living in a Hotel I believe so everything he does is being paid for by insurance. Im concerned that he will take the money and run or rebuild somewhere else without my knowledge.I just want half of the insurance money or at least something…since my name is still on the house. Please Help!
You will need to file an equitable distribution action against your husband and include a motion for an interim distribution of the insurance proceeds. You may also want to ask for a temporary restraining order and preliminary injunction to prevent him from spending the insurance proceeds. However, the insurance company is correct that if both names are on the insurance check, then he would be unable to cash the check without your consent and endorsement.
You will also want to include a claim for child support. Even though these issues are not being heard in court right now due to COVID-19, filing now may be able to help you get a court date for soon after the courts reopen.
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.
Thank you so much! I will do this as soon as the courts open back up. I hope it doesn’t lead to negative consequences…because he is the type to get back at me when I file for restraining orders and child support. I kept the child support because I couldn’t keep dropping it. But he placed a restraining order against me over something frivolous and the judge keeps renewing it…its been 2 years now. I’m like this is just too much. I pray I can keep fighting the right way…without hurting the rest of my family.
Thank you again!
LaTonia Stubbs
Note that while most court proceedings in family law are not going on right now, the courthouses are still open and you can still file complaints, motions, etc. as normal (although check with your county’s courthouse as some clerk’s offices are operating on limited hours).
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.