Liable or not?


#1

Based on the terms used in your post it appears that you are not a resident of North Carolina. I can only give advice based on North Carolina and I am not licensed to practice in any other district.

In North Carolina you are entitled to an equitable division of all property acquired during the marriage. If your spouse has all of the marital assets and is refusing to provide you with any funds, you can file a lawsuit and ask for an interim distribution, at that time the court should distribute some of the marital assets to you.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.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 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.


#2

Spouce is in NC. So are the marital assets. I had already called your office and discussed filing in NC.

Please…if I suffer damages or any unavoidable costs incure as a result of his sole managment of marital funds…do I end up eating those costs that could have been avoided IFI had control over my own portion of marital assets?


#3

If your spouse takes an action that will decrease the value of a marital asset then the court may find he has committed marital waste and will hold him accountable for that. If you file litigation you may make a motion for interim distribution and try to address the issue in court before there is any detrimental impact on you.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.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 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.


#4

Is spouse liable for damages caused to the other spouse resulting in sole management of community property?

If my minor child (child not in common) and I loose our home (pre-marital) to foreclose, will a judge hold said spouse liable for taking sole management of the retirement funds withdrawn from his two retirement accounts which were incurred during the term of the marriage?

I did put spouse on written notice that I am subject to loose home to foreclosure IF he continues to maintain sole management of said funds.

I am also trying to mitigate damages by selling pre marital assets to survive in attempts to prevent such damages even if that means taking afinancial hit.