Marital Property


#1

While you state that the dog lot belonged to your son, the fact that it was 1)purchased by your husband 2)sold by you, and 3) you kept the proceeds instead of giving them to your son,would support an argument that the dog lot was marital property. It also sounds as though your husband may have violated your order as well, if he too sold marital property and kept the proceeds of the sale. If you have a valid order by the court stating that you will not sell marital property, then you both should comply. It sounds as though you need an attorney to help you file a motion to show cause for the same reason that he is bringing such an action against you.

Good luck to you.

Meg Miller
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

Dear soccermom27021:

Greetings. I doubt that the penalty will be too harsh, since you used the funds to maintain your power bill…BUT…do not violate the order again, retgardless of the reason. The court has a process for you to get temporary support within the time frame of one or two months which you should use to pay for living expenses. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#3

Thank you Janet. What process would that be for me to be able to maintain my bills temporarily? I just received an answer from his attorney asking for yet ANOTHER continuance for 3/21/05. This seems to be going on forever and I need to be able to pay my bills!


#4

Dear soccermom27021:

Greetings. Post separation support may be heard by affidavit, which allows for the judge to make a temporary award of support without a lengthy trial. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#5

Thank you Janet. I assumed that was what you were speaking of. That was the initial filing on my behalf by my lawyer back in Oct., PSS, CS, and divorce from bed & board. Not one thing has been done except get continued by the ex’s attorney time after time. I have an appt with my attorney tomorrow about a letter that he received from the ex’s attorney that offers a settlement that is entirely ludicrous. It looks as though he expects ME to offer HIM $10,000 in a lump sum payment…Ha! NO WAY! Not after what I’ve been through with him for the last 23 years. Anyway, thanks for all of your wonderful hard work on this site.


#6

I sold a dog lot that was on my property that belonged to my son for his dog purchased by my ex. Son moved out and into an apartment and had no use for the dog lot. I sold it for a measley $125 so that I could pay my power bill. Ex is now saying that his attorney is going before the judge next week to claim that I violated the order stating that we could not sell marital property. I did not deem this dog lot as marital property as it belonged to my son even though purchased by the ex. He sold a stock certificate for a golf & country club membership back in October (right before the order was issued not to sell marital property) for $800…I did not receive half of that. Am I going to be in trouble because I needed to make sure my power bill got paid and that my daughter & I had heat and lights?