Preparing to Seperate


#1

I haven’t had the conversation with my spouse about separation yet.
I’ve changed my direct deposit to a separate account so I can have some money to my name when the time comes.
My house is my separate property before marriage and I want to start moving some of my possessions out into a storage unit before having this discussion. I suspect he will take my things when I’m at work. Can I legally remove items from my house into a separate storage unit now since I haven’t the discussion, but knowing what is in the near future?


#2

Yes, you can remove any of your separate property things or personal belongings. However, you should not damage, destroy, or dispose of any marital property (property acquired between the date of marriage until present if you are not yet separated) until the distribution of the items are finalized in either a separation agreement or court order.


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.


#3

I plan on separating from my spouse (hopefully by the end of this year), but haven’t had the conversation yet. I am currently saving money for attorney’s fees first.

I want to update my will to dis-inherit my husband before having the separation conversation. After I have my will updated and he no longer is the beneficiary, power of attorney, health care power of attorney, etc…. if I should die, will my updated will uphold my wishes?

Does it make a difference according to NC law, if there is a signed separation agreement in place upon my death?

I don’t want my husband to receive my estate and I want to know the best way to protect my assets.


#4

Yes, you can update your will and life insurance beneficiaries at any time. Without a separation agreement though, your husband could contest the will in court after your death. Note that standard separation agreement language expressly waives each spouse’s right to inherit from the other as soon as the separation agreement is executed (i.e. when both parties sign in front of a notary).


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.