My rights?

I will be separating from my husband in December because I can not afford to leave yet. Our house is in both our names and I have moved into the second bedroom. I am asking for half of the equity of our house. He doesn’t think I am entitled to it.
He offered me 5,000 and says he will make the car payment until December. My husband is an alcoholic and it has gotten out of control. He also has wondering eyes sand flirts ALL THE TIME. I have seen messages he has sent to several women wanting to hook up etc. not sure if it ever happened but…
Am I allowed to live here until I can afford to leave? Am I out of line asking for half of the equity?

I also just heard my husband talking on the phone about how he wants to start pulling out cash from his bank accounts and hiding it. He has always kept his own bank accounts. He is also part owner in his business so I’m thinking it would be easy for him to do.

Yes, you can remain living together before there is a separation but still negotiate the terms of the separation.

You are entitled to one-half of the equity in the marital residence as long as the marital residence was acquired during the marriage.

In equitable distribution (the process of dividing marital property and marital debts), both spouses will have to give a full financial disclosure to the other in the form of account statements, tax information, etc. Any withdrawals of cash will show up in his account statements and he will have to account for their whereabouts.

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! He doesn’t seem to think I’m entitled to any of the home equity and says I’m crazy for asking. He offered me 5,000 and that’s it!
The house was refinanced after we married and I am on all the new loan paperwork. He initially put down 10,000 the year prior to our marriage, however I helped him save that by paying some of the bills. He makes twice the money I do on paper not counting his cash bonuses. He is now calling me a greedy f’n b… :woman_facepalming::woman_shrugging:t3: