Marital assets


#1

Dear Confused,

The general answer is that any debt or asset aquired after the date of separation is separate property. But, you can make the argument that the property is marital if you can show that he used money to purchase the truck and motorcycle was earned during the marriage. Then, those pieces of property are subject to equitable distribution.

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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 but a full discussion with an attorney should be undertaken before taking any action.


#2

My husband and I have been seperated for 1 year. He says that anything he has acquired and any money earned during this time cannot be considered as marital assets. Is this true? He has purchased a brand new truck and a motorcycle during this year. He has had to have used money that was earned before our seperation. What claim, if any, do I have regarding those vehicles?