Husband denying me a way to make income

North Carolina Divorce Law Divorce and Separation Answers
#1

My husband and I are married, we live together and have one i[/i] vehicle. He has been the main income source for the years we have been married, I have raised our two children. I have no income. He is refusing to pay the bills that are solely in my name and he will not allow me to use the car ( which is in his name, but was acquired while we were married ) to go get a job ( he is purposely staying away at random times of the day when he isn’t working ) and has also opened a separate checking account where all his earning go into that I have no access to. I’m sinking in debt from not being able to make $15 - $25 minimum payments on my credit cards and have to rely on him getting food when he feels like it.

My two questions:

  1. Is anything that I described above, that he is doing, illegal?
  2. If I sell some of our personal property ( to catch up on my bills or to fix the other car ) and then give him 1/2 of the money from the sale, is that legal?

Thank you.

#2

not an attorney

It’s my understanding that if you sell off MARITAL property while you’re still living together, and you use that money for MARITAL purposes (example, fixing a marital vehicle, buying groceries, paying a debt that was acquired during marriage no matter whose name it’s in), then that money that is used is NOT subject to distribution.

Now, if you were to take Marital funds and use it for NON-marital purposes (examples, drugs, gambling, stripclubs etc), then that money would be subject to distribution. So, from what I’ve experienced in my own divorce (and the money that my ex spent during the marriage on non-marital things and that he sold marital property) is that as long as you use the proceeds from selling the marital property on marital purposes, you’re in the clear. Your husband my be one pissed off s.o.b, but legally he cannot stop you from doing it.

Regarding the separate account, 1/2 of whatever is in that account will be yours if you separate because it is all marital funds from what you described. So, if you have a way to get the information on that account (account # etc), that will help you in the long run.

I don’t know if what he is doing is illegal per se, but it sure is a crappy way for a husband to treat his wife and children. I’d be getting ready to leave if it was me.

Again, not an attorney…

#3

Thank you for your very helpful response. :slight_smile:

#4

I wish you all the best! He is such a CREEP! Sorry, I just had to voice my opinion…

#5

I don’t know if he is a creep, but he is crazy stupid.

Most husbands have problems with their wives not working. Then when the divorce comes the ex-wifes say they have no skills and should gets lots of alimony.

So, make darn sure you don’t cheat on him so you are still entitled to alimony.