I was looking at and pondering the NC stat.
[b]“Acts of either party to maintain, preserve, develop, or expand; or to waste, neglect, devalue or convert the marital property or divisible property, or both, during the period after separation of the parties and before the time of distribution.” N.C. Gen. Stat § 50-20 ©(11a).
This brought me to a few questions, but I’ll start with two on this post.
Waste, neglect or devalue, really stuck out in considering an unequal distribution, In my filed complaint for ED, Alimony etc… I did in fact ask for an unequal distribution obviously in my favor, so here goes :
- If X is ordered to pay mortgage, pss and utilities, and instead stops paying mortgage (house goes into foreclosure) also stops paying all the other bills (including 2nd mortgage of equity loan- also in foreclosure) and only pays half of pss, & no utilities, threatens bankruptcy, but has not/did not file (maybe disqualified??) and house ends up in foreclosure sale before ED, leaving only the furniture, cars & retirement to “fight over” Can a larger portion of retirement be considered?
[b]BUT, if spouse is responsible for loss of house (and $80,000 in equity!!) because of will-ful non compliance(civil and possible criminal contempt?) of a court order because X was supposed to pay the mortgage, pss & utilities (X has a full time job & makes over $2000 from job, plus 2,400 in retirement with COLA increase and $1644 in disability )
2. would this now be an opportunity to receive 50% of retirement as an unequal distribution in ED and not go by the traditional coveture formula since 7 (or 4 if irr was not considered) of those yrs I assume would be considered “separate property” ?
This is a complex situation and has my mind constantly analyzing this NC stat and how it can work in my situation because of X’s responsibility for Marital waste concerning the house.
Your legal expertise will be a huge help on how to move forward and secure whats left.
THANK YOU for any help :)[/b]