We have been separated 3.5 months married 9 months . The home was owned by me 3 years prior to marriage so this will end up not being any part of the divorce ? Also all that was accumulated was debt in excess of 60,000 plus . I am not talking since we are separated and spouse says we will she in court property division . Also after leaving 2 months later spouse says i cheated . I am trying to find out where it all stands with what has been laid out above . Also there was more debt but no sign agreements so not sure what could happens with these also .
The home will possibly have a dual classification of separate property and marital property. It’s your separate property because you purchased the home prior to the date of marriage. There may also be a marital component if both spouses earned income during the marriage which contributed to the payment of the mortgage each month. If so, then the marital value of the home would be one-half of the principal reduction in the mortgage from the date of marriage to the date of separation.
Any debt acquired between the date of marriage and date of separation for a marital purpose or joint benefit of the marriage is marital debt subject to being equally divided in equitable distribution.
To prove that you were “cheating,” your spouse would have to prove that you committed at least one act of illicit sexual behavior between the date of marriage and the date of separation. This is usually proven by a combination of PI reports, hotel receipts, cell phone records, text messages, etc. Acts after the date of separation can be used to corroborate evidence from during the marriage (between the date of marriage and date of separation), but cannot be used alone to prove you committed an act of illicit sexual behavior without also having evidence of an act being committed before the date of separation.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Thank you for the quick response .
On the debt there was also a loan taken prior to marriage with verbal confirmation of pay back that spouse has now baulked on . Is there anyway to get compensation back on this ?
On the cheating spouse if this is proven what cloud be the outcome financially to the other ?
A debt acquired before the date of marriage is the separate debt of that spouse, and the other spouse is not responsible. A verbal agreement to repay is not enforceable or binding.
If one spouse can prove the other committed an act of illicit sexual behavior during the marriage before the date of separation, then if the spouse that committed the act is the dependent spouse for alimony purposes, he/she will not be awarded alimony, and if the spouse that committed the act is the supporting spouse, he/she will owe alimony to the other spouse. Unless a spouse used marital funds to further perpetuate an affair, there will be no consequences to equitable distribution (property division).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
One more question here step son used credit card without permission what are the ground to take him to court for this action ? This happened over 6 months ago that it was done he agreed to pay verbally now is backing out? He is a legal adult and has done this prior to myself and I got a lawyer and help him because he said it was a misunderstanding by the person that pressed charges .
You will need to contact the credit card company and local law enforcement for unauthorized use of a credit card.
A verbal agreement to repay money is not an enforceable or binding contract, so there will be no legal remedy based on the information you have provided.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.