YOU MUST PROVE THAT YOU HAD THAT BEFORE MARRIAGE, BUT IF YOU LOVE HER LIKE YOU SAY THEN WHEN YOU GOT MARRIED WHAT IS YOURS BECAME JOINT POSSESSION.SO EVERYTHING IS SPLIT(PROFIT AND DEBT)
Yes I love her and want to be fair. At the same time she has a college degree and years of experience in the corporate world while I don’t have a degree and am in a sales area that will shrink to nothing within 5 years. Since we will be moving on and living our own separate lives we need to look out for our own best interest. Does anyone know if she is legally entitled to half of what I came into the marriage with? Thanks
Humblepie,
You really need a legal opinion, but from what I know she is due half of what was gained during the marriage. Since your income is considerable larger than hers, she may be entitiled to alimony. I don’t understand the principle of alimony anyway. If you had kids, or she was in some way responsible for you gaining advancement in your job; Yes. Aside from that, it makes no sense to me.
Hopefully you can sit down, draw up a property settlement agreeable to both parties, and have a lawyer make it legal. Don’t listen to any crap about you both needing a lawyer. If you both get a lawyer, that will be the end of any chance of a future friendship. I’ve been there . . . no I am there right now. And it’s hell when someone you love or once loved tells lie after lie about you.
Good luck!
Twiceloser
I don’t mind splitting half of what was gained during the two year marriage, including any of the house appreciation. It’s what we had accumulated individually before we got married that I don’t think should be split. Has anyone on this forum come into a marriage with assets and then had this situation? I would think it would be very common to almost every marriage. Any answer.
THIS IS WHAT YOU DO , IF SHES WILLING, YOU BOTH GO SOMEWHERE SIT DOWN WITH PAD AND PENCIL AND WRITE DOWN WHAT EACH OF YOU IS WANTING YOU BOTH SIGN TWO ORIGINAL COPIES ONE FOR YOU AND ONE FOR HER GTE BOTH COPIES NOTERIZED HAVE IT FILED THROUGH THE COURTS AND MOVE ON.IF YOU GET LAWYERS INVOLVED YOU WILL BE IN TROUBLE.
Dear humblepie:
Greetings. Your spouse is only entitled to half of what was saved during the marriage. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
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
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
Dear FATHERDORIGHT:
While I can see that you have a clear disdain for attorneys, let me say that your advice here again is not correct. First, separation agreements are not filed with the courts. Next, drafting their own separation agreement with so much financially at stake does not make any sense. They could both lose more long term. They can be amicable and have no problems with their attorney(s). Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
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
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
Hi, This is my situation. I’ve known my wife for 6 years. We’ve been married for the last 2 years and lived together for 2 years while dating. We moved into a new house in February. We recently decided to divorce and we want to keep it amicable without it getting messy. I have a question. I came into the marriage with $135,000 cash (and nothing else) and my wife came in with $40,000 (and a car). Fortunately, I’m in sales and make 2 and a half times what my wife makes. In the last 2 years we were able to save another $125,000 mostly from my six-figure income. If we sold the house we’d have around $300k cash. My question: is my wife entitled to half of the cash I brought into the marriage (135k) and half of what we’ve saved(125k) since then or only half of what we have saved(125k) during our 2 year marriage? She’s a good woman that I love and I want to be fair. Thanks for any help.