Property Distribution


#1

Let me clear up something in my last posting. The house is in my name ONLY, however, I said I owned it, I make house payments, the bank still technically “owns” it…


#2

Regardless if he is on the mortgage or the deed if he lived with you and the house has increased in value during your marriage he will be entitled to half of the increase in value. This is unlikely in this day an age, but possible. Conversely if you are upside down in your mortgage he will not be responsible for half of the debt (unless he is on that mortgage). Very unfair I know.

Since you say “recently married” I would say that he would have very little marital interest in your house.

The general statues spells our what is marital fault. Generally speaking yes it means a sex act of some sort.


#3

The home is yours. Property that was owned prior to marriage remains separate in nature unless you deeded the home to your new spouse. You have indicated that you did not, so your house and the equity are safe. Any active increase in value (repairs, renovations, and mortgage principal reduction) can be classified as marital, but since you have been married such a shot time this will likely not come into play.
Adultery is the act of engaging in sexual activity while married, however dating can be evidence of infidelity if you can prove that your husband had the inclination and opportunity to have sex with other women. This essentially means you will need to prove your spouse has spent the night with these women and that he in fact does have a romantic interest in them.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#4

Wouldn’t these women’s testimony be enough? They stated that they were will to testify in regards to his “playing them like fools”. He portrayed himself as single and the one that he works with said that he is always rubbing up against her and saying, “You better get going before I get something started.” Wouldn’t that be enough?


#5

Simply call up the women. As if you can record the conversation, have them state their name and that they know that they are being recorded (not really necessary since you are a party of the conversation, but looks better) and have them tell their story. That would be all you need. Get the recording transcribed. Give it to your attorney.


#6

If the women admit to having sex with your husband, their testimony can be used in court to prove his adultery.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#7

According to these women, he has not had sex with any of them. HOWEVER, the intent is there. As I said earlier in my posting, he has been going around his job asking out these various woman, taking them out and going to their house with the INTENT to have sex. It is quite asinine to think that adultry is only when sex takes place. It is clear that sex would take place if these women let him. He is still acting lude and laciviously with lust in his mind.


#8

If he has not had sex with these women he has not committed adultery, regardless of his intent. Adultery is defined by the law, and while what he is doing is wrong, it does not merit any legal action for adultery.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#9

I recently married in Vegas, but my husband and I live in N.C. He has been cheating and his girlfriends say that they will testify to this in court. They did not know he is married because he takes his ring off. The house is in MY name and I owned it before we got married. I have a great deal of money tied up in it. Will he get half of it? Does adultry mean they had to have sex, or can it mean his “dating” of several women?