Property


#1

Just because you signed the home to her does not mean that the other marital assets, cars, furniture, etc doesn’t have to be split. You will need to file a claim for Equitable Distribution, since you have no separation agreement. You will need to do this prior to Absolute Divorce or you will not be able to reclaim anything.

I applaud your efforts to make this less traumatic on your children but you also need to protect yourself. This is not going to get better on it’s own…


#2

How did you sign house over to her? Did you sign a quit claim deed?


#3

Yes it was a quit claim deed just so she could refinance the house in her name since I had bought a house on my own with the little bit of money we had in savings when I moved out. At that point I had no problem with her owning the home but also at that time she knew that financially we still had to find a way that would be fair since we had around $120,000 equity in the home and she could not afford to buy me out but I also did not want my kids to go thru a move. It was already bad enough for everyone. I would do things differnet now looking back but I do care which is why most days I have been taken advantage of


#4

If she has sold things and then spent the money in her mind due to the fact that she cannot afford to live in the home, can I get my money back for the half I would have received if we had sold the item together. What can I do if she just claims she did not sell it but gave it away? Can I request access to the home so I can secure some of the items that are valuable to me and if so how I can I do that. When I left for all of th right reasons I thought we were working things out so all of my life is still in the home. Things I had before we were married and many things we bought together. It is just such a mess now.


#5

You have a right to half the equity in the half, half of the possessions in the house, and half of the other assets accumulated during the marriage. If the two of you cannot work out an agreement on your own, you can file an action for equitable distribution and ask the court to assist you in dividing your assets.

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

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.


#6

Even half of what she has now sold or given away to friends. The money she is getting she is then using to pay bills but half of that money should be shared with me. When I try to talk to her about this she just laughed and said it is all hers ad she can do whatever she wants. How do I get access to the house to at least take ownership of some items. Thanks for all of the info


#7

If you don’t fight (file for ED) before the divorce then you can’t file after the divorce. If she has sold or given away stuff from in the house and you file for, ED then she is liable to pay you half of the value of the things she sold or gave away.

As to the house… Helena says you are entitled to half the equity. Others say the quit claim took the house out of the pot. It is a grey area. It may depend on the specifics of the quit claim deed. It may need to be tested in court.


#8

Yes even stuff that has been sold or given away. If she is selling off marital assets then the money made should be split or she will owe you. If she’s giving away marital assets then she would still owe you half the worth. The courts do not look kindly on anyone selling off marital assets to reduce the amount split or increasing the marital debt.
You need to consult an attorney immediately and get an ED claim on file. If possible, list all the items that have been sold or given away and the value that is due you. Any other items that you know of need to be listed or the value of those items; down to the tiniest things. The dishes, pots/pans, washer/dryer, rugs, any furniture, lawn mower or gardening equipment, clothing…anything you can think of. If you wait to do this, and absolute divorce is granted, you can NOT go back later for a claim. Consult an attorney immediately.


#9

If she has sold the assets you are still entitled to half the value of those assets.

A quitclaim deed is not a waiver of equitable distribution rights and unless it is signed by both parties and specifically indicates that it is an equitable distribution waiver of any right to the value of that asset and not just ownership, it cannot act as one.

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

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.


#10

Thank you for taking the time to respond. That helps my mind with at least one thing :slight_smile: Thanks


#11

By the way I know I should know this and already have a copy but it was a few years ago on my home and on the home I gave to my soon to be ex but where can I lookup both quit claim deeds ? Are they public record and I can just ask to view it or even copy it from the tax office. I would just like to read both even although I know they were both very simple but it was a few years ago. Thanks for any help someone can offer.


#12

You need to file an action for equitable distribution prior to the entry of the divorce. If you do not file for equitable distribution prior to the divorce you will not be able to address this issue with the court in the future.

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

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.


#13

The quit claim deed should be able to be seen online. In my county you can if you know how to search for it using the county registar of deeds site. Depends on your county.

So Helena

Let me get this straight…

A quit claim deed, that has verbiage that the property in question represents a division of marital assets…

“and specifically indicates that it is an equitable distribution waiver of any right to the value of that asset and not just ownership”

– and –

is signed by both parties…

Is both a Quit Claim Deed and in effect a separation agreement?

Must a separation agreement take a specific form?


#14

It is not in effect a separation agreement, but may be a waiver of ED with regards to that asset. However, the language you have previously posted is not a sufficient waiver.

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

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.


#15

I have been separted for several years and weeks away from Divorce. I moved out of our primary home mainly to protect my kids and so they would not have to move since my wife was making all kids of threats. During our separation I agreed to give her our primary house but have no separation agreement and right now have nothing in writing other than I did sign a doc so she could own the home on her own. Since we are now both tight on money she is starting to sell of property that we both own and should be split during the divorce. She claims everything in the house is hers to do anything she wants with it which includes selling things like our golf cart. Of course I do not agree and feel although I gave her the house this had nothing to do with our property. I knew our split was going to create a financial hardship and begged her not to go thru with it but she just laughed. Now we are both broke and she feels sho owns everything and can sell anything of ours for money. I left the home with nothing since I truly thought we would work things out. Any advice or clarification on what I can do to make sure there is something left when it is all said and done or can she sell everything and then keep all of the money. I am just confused and have tried to be so accomidating and now I can tell way too much. Our kids have no idea about anything and I do not want them to get hurt. I do not own anything other then what I have bought since moving out and thought we would at least split what we have. I am not sure there will be much left if she starts selling everything. Can I request help to go back into the house and claim some of my property?