# Out in the cold
**URL:** https://forum.rosen.com/t/out-in-the-cold/4877
**Category:** Divorce and Separation Answers
**Created:** [August 16, 2007, 10:02am UTC](https://forum.rosen.com/t/out-in-the-cold/4877 "2007-08-16T10:02:58Z")
**Posts on this page:** 3
**Page:** 1
### Author:  [@stepmother](https://forum.rosen.com/u/stepmother)
#### Post date: [August 16, 2007, 10:02am UTC](https://forum.rosen.com/t/out-in-the-cold/4877/1 "2007-08-16T10:02:58Z")
If she has file an ED claim then yes she must disclose all marital assets. ED is not automatic and must be filed for. This is what the NC statute says:
“Within 90 days after service of a claim for equitable distribution, the party who first asserts the claim shall prepare and serve upon the opposing party an equitable distribution inventory affidavit listing all property claimed by the party to be marital property and all property claimed by the party to be separate property, and the estimated date-of-separation fair market value of each item of marital and separate property. Within 30 days after service of the inventory affidavit, the party upon whom service is made shall prepare and serve an inventory affidavit upon the other party. The inventory affidavits prepared and served pursuant to this subsection shall be subject to amendment and shall not be binding at trial as to completeness or value.”
This means that your stbx files equitable distribution claim, giving you a listing of all property seen as marital and divisible and you have 30 days to file an answer with what property you see as marital. Equitable distribution, once filed, can be drug out for years after absolute divorce. I am not certain what has to be disclosed if you do not have a attorney…
It sounds to me as though your stbx is not trying to negotiate with you at all and getting this type of information my have to go through subpeona.
---
### Author:  [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)
#### Post date: [August 16, 2007, 8:30pm UTC](https://forum.rosen.com/t/out-in-the-cold/4877/2 "2007-08-16T20:30:20Z")
If you are not in litigation you cannot force them to give it to you. However, if you don’t get it, you can go to court and then they will be forced to give it to you.
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
> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
>
> The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill.
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.
---
### Author:  [@introuble](https://forum.rosen.com/u/introuble)
#### Post date: [August 16, 2007, 9:13am UTC](https://forum.rosen.com/t/out-in-the-cold/4877/3 "2007-08-16T09:13:28Z")
I have requested recent statement of my wifes 401k holdings from her lawyers. Do they have to give me this?