Marital home & equitable distribution rights


#1

All of this craziness will go out the door during ED. You will need at least an accountant, preferably a divorce attorney though, to help you sort through it. It sounds like you are trying to be congenial and getting railroaded in the process–so put your foot down and remember that half of everything is YOURS and you have rights.


#2

In an equitable distribution trial the court will take into account the value of the use of the residence along with all information related to the making of payments on the residence. It is important that all of this financial information be provided during trial.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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.


#3

I will be filing for an equitable distribution in my favor because my husband is guilty of massive waste & destruction of marital assets. When I moved out (due to his violent behavior), I rented an apartment temporarily. I found a permanent place to live when my lease expired. He is in rehab for 6 weeks and I asked him if I could use the house during this time to move my stuff into from the apartment, to ease my move into my new place. He refused, saying he was selling the house to a relative and they would be moving in and paying the mortgage starting the day they moved in, and he needed the money, so the house needed to be empty. So I paid $45 a day for each day it took me to get out of the apartment (because I didn’t have access to the new place until the same day my apartment lease expired), and worked like a slave 16 hours a day till I got moved out, then had a big pile of stuff at the new house and it was a horrific ordeal getting straightened out. He didn’t even bother to pack up his stuff before he went to rehab, so I had to take care of that too!

So now I find out that he was lying to me. The young nephew who is buying the house and his friend are living there rent free and probably having parties every night.

Can I add something, like, half the mortgage payments he said he was getting, to the amounts I am asking the court to award in equitable distribution?

Thank you.