I moved from our marital home in 2015 to our vacation home. Husband has continued to come to vacation home about once/month and stays in vacation home. Are we considered legally separated since 2015?
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Yes, you may be considered separated. You are considered separated if you have lived continuously separate and apart and at least one of you had the intent to remain permanently separate and apart. Without the intent, there is no separation.
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.
I am not sure I understand the attorney’s response. I moved out of our marital home in 2017 and have been living in a separate residence. He is on this deed too. He insists it gives him the right to use this place when he comes to this city, yet in order to prove we have been living apart I would have to go to a hotel whenever he does this. I can’t afford to do that.
If you have been separated since 2017 and have not resumed the marital relationship, then you can change the locks to prevent him from coming in the home. You should give him advance notice that he can no longer use the residence.
While his name is on the deed and that gives him the ability to get half the value in equitable distribution, it does not give him the ability to come and go from the residence if you’re already separated and either he moved out or you moved out from the marital residence and into this residence.
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.