Need some guidance


#1

Dear ed110377:

Greetings. Answers to your questions, based on NC law:

  1. The separate assets you had were spent on marital expenses, and therefore were “gifted” to the marriage and are gone.

  2. Find an attorney that will return your calls within 2 days at the latest. Also, I think that you should get a job that works best for you, as far as income.

I do not know of any 5 and 9 rule. Best of luck and keep your head up!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#2

This is actually confusing. It is ironic that the day I get this response I also get the return call from my attorney. My attorney claims that this money would come back. She claims that since it was spent on marital property that my wife should’ve owed half of that debt. The money was not spent on furniture, but instead spent on upgrades to the home and marital bills. I have figured that at least half of that would come back, but my attorney has said something different. Does this make any sense?


#3

Dear ed110377:

Greetings. The case I noted was Taylor v. Taylor (374 S.E.2d 644) which is a 1988 case, but appears to be still good law. In this case, the court stated that a conveyance of husband’s separate property from his name into the name of him and his wife raised a presumption that he gifted his separate property to the marriage. The presumption is rebtable by clear, cogent, and convincing evidence. If the intention was stated clearly in the conveyance (transfer) of the property, there would be little problem in classifying the property as separate, otherwise I think it is marital.

That being said, your attorney may be talking about a negotiating position. Nevertheless, I would ask them very clearly what the current law on the issue says and ask them to show it to you. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#4

I don’t really know where to begin. I’ve been reading off of this page for some time and figured it may help. My wife and I originally lived in NJ until she left with our two kids to go to SC in September of 2003 siting she needed space to figure out what is important to her. I panicked because I was scared and decided to sell the house with her approval and move so I can be closer to the kids and in hopes that we would work things out. We went to counseling together for 6 weeks before she pulled the plug on everything in late October with no explanation except that she fell out of love. I know this has a lot to do with a guy she worked with up north although I can’t prove much. This has been an extremely difficult time for me. We try to be cordial with one another, but we have alterior motives. She is seeing dollar signs in her head and I just want to see my kids as much as possible. Since the start of the year I have had my kids 71 days. I know I am on pace to qualify for joint custody which I fully intended on having after my attorney told me that sole custody is out of the question. She is now pulling back on the idea of me seeing them that much saying it is not in the best interest of our children. This is by far the hardest thing I have ever dealt with in my life and it is further magnified by my remaining feelings for my wife, my 2 kids both under the age of 5, and the fact that I moved away from family and friends to be here. The questions I have are: 1) I had a mutual fund prior to marriage. Most of the money was spent on repairs and upgrades to our homes. I have spoken to my attorney and she said that this money would be brought back on my side of the ledger. Does anyone know if this is accurate because I know her lawyer has told her something completely different? Money is not a top priority for me, but I have to say I would prefer to pay as little as possible mainly because of the hurt she has put on me. 2) When I first came down I was working in retail. I worked my schedule so that I had the kids 3 consecutive weekdays. Knowing that my daughter starts school next year I figured it would be in my best interest to get a Monday thru Fiday job. I have been trying to get hold of my attorney regarding this, but have had little success. What kind of custody arrangement could be made to ensure the continuity of my relationship with the kids? I’ve heard about a 5 and 9 rule. Is this 5 overnights with me?

Any help would be greatly appreciated. I am really nervous about the upcoming months and need to get a clearer picture on what to expect.

Thanks in Advance