Protective order


#1

Jackie,

You have a complicated situation on your hands and you have made the wise decision to hire a lawyer. I assume you trust the lawyer and that is why you hired this particular person. You should go to the lawyer, get your questions answered and follow the lawyers advice. If at some point you come to question the lawyers advice and lose trust you should consider switching lawyers. It is early in the process for you to start second guessing your lawyer. Go meet wtih your lawyer and get the answers you need. Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

My husband and I agreed to have a civil seperation where we could communicate with eachother and work out the details of the seperation agreement. He said he would pay the mortgage and home equity payments as well as the utilities if I would live in the home and keep it in order and try to sell it for the period of one year. That seemed like a good idea but I asked him if I would have to worry about him coming to the home and hauling things off while I was at work. He said of course not. The very next day my neighbor called me at work to tell me he was at my home loading up his truck with marital propery. I immediately called his cell phone at witch time he threatened me with how nasty he was going to be to me. He (my husband) is diagnosed as being bi-polar with suicide tendacies and violent mood swings. He had told me the day of seperation that he had thoughts of killing me. So, needless to say, I was in fear for my life. Because he had threatened me with how nasty he would get, I took out a protective order against him. We went to a court hearing and the order was granted. As a part of the order, I asked for husband to pay mortgage and home equity payments as well as the utilities for the year of the order he agreed to do so and this was incorporated into the order. He is not allowed to have any contact with me in any form. I have an attorney but I have not made a seperation agreement proposal as of yet( the date of seperation is Jan. 21 and the protective order date was Jan. 29). I don’t want to sell the house. The house is appraised at $200,000. The mortgage and home equity debt totals $86,000. I would like to keep it. The only way I could afford to make the payments is if I wouldn’t have to borrow money to pay him for his half of the equity in the house. I am thinking that because he left the marriage and I am entitled to alimony then maybe I could offer to take over all the debt of the home equity and mortgage in exchange of not suing him for alimony. Does that seem like a good move to you? If so, when should I make that offer since I have a court order stating he has to pay all the payments for one year. The home equity and mortgage payments are currently $900. If I get the home I would refinance the home and get the payments down to a more affordable $425 monthly. His income is gross $5000 per month mine is $1485 per month. There are no children. I am 53 and he is 55 years old. What are your thoughts and or suggestions on how I could save my home? If I do have to go the alimony route, how much should I expect? Also, there are two vehicles in which there is a combined $15,000 my part of the equity I could use for bargaining as well as the furniture $5000 and $5,000 worth of tools. I paid the down payment on the home with the $52,000 I recieved out of a motor vehicle accident during our marriage.
Could you please give me some advise on how to keep my home?
Thank you for your advise on my previous question concerning my medical bills.
Thank you in advance!
Jackie