Moving on


#1

If the funds from your personal injury settlement were for pain and suffering they are your separate property, if they were a reimbursement for past medical bills, lost wages or future lost wages, they may be marital in nature. I would need to know the exact nature of your settlement to answer your question.

He may be able to physically stop you from removing these items from the home, but if you go to litigation they will be returned to you (provided they are actually separate).

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#2

If I bought furniture, washer/dryer, and fridge during our marriage but with personal injury settlement funds and funds from a 401k prior to marriage does he have any rights to these purchases? Also if I move out per my attorney’s advice to get the separation started because he and his attorney will not respond to the separation papers we sent can he stop me from taking things from the home as well as our child? My attorney will file for custody when I leave.

Tina