Living in same home, but legally separated


They can’t be divorced until they live separately (in separate addresses) for 1 year and 1 day. Lack of sex doesn’t constitue a non-marital state. As long as they’re in the same residence, they’re NOT separated. There is no such thing as a legal separation in NC.

My understanding is the inheritance is separate property and not divisible by ED. There may be exceptions to that, though.


Separation in North Carolina requires that the parties live separate and apart (different residences) for one year and one day prior to filing for absolute divorce.
Inherited property is separate property, and any passive gains in value are also separate. If however the martial residence is inherited property and the parties have actively increased the value (paying down mortgage principal or renovations) the active increase in value is subject to distribution.

Erin E. Clarey
Attorney with Rosen Law Firm

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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.


My friends wife has not had sexual relations with him in years. Can he go back to the last time they lived in a martial state and list that as the date of separated?

She has also told him she would not have sexual relations with him anymore and if he wanted to find someone else he could and she did not care.

She has no plans to move out, she does have a good paying job and could afford a place of her own. She is wanting to get half of his property that he inherited from his father.

Any suggestions on how for him to proceed without losing anything from his father?

Betty Burr