Property division

North Carolina Divorce Law Divorce and Separation Answers
1

Purchases made close to the time of separation can be examined further by the court. Since this purchase was made for his sole use and benefit without your input, it is possible that the court may attribute that debt solely to him.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

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

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.

2

You may want to check credit card records too. If he purchased the sports car, then it is likely he spent $ on this girlfriend too. If you can find records of any purchases—restaurants, hotels, gifts— that you did not know about for the benefit of a paramour, then you can get that back. This did not work for me, but it’s supposed to!

3

We are in the process of property division. One month before he left the home and began separation he purchased a brand new sports car (He did this on his own, He just drove it down the driveway one night. I knew nothing of the purchase.)About 2 weeks later he drove in our driveway with his affair partner in the car (of course at that time I did not who she was, he said a friend from work, I had no reason to not trust him)Anyways 2 weeks after that he leaves the home and goes to live with the affair partner. About one month he sells the sports car for a 9 K loss.

Can I argue that this loss should all be given to him, citing he bought the car to entertain his affair partner. Especially since I had no input in the buying of the car and he did take her for drives (and yes he was bold enough to even drive her in our driveway and have her meet our 10 year old before he left the home)Yes, I was completely blindsided