Question about home


#1

Dear Skyler:

Greetings. I am sorry to hear how your marriage broke up. When couples have an extremely short marriage, there is generally little to no alimony paid, since it would cost more to obtain the alimony in legal fees then it would be worth. Nevertheless, he may be responsible for paying your expenses if you can negotiate the same with him.

If the house is in his name only, he still generally requires your signature to sell property if you are married. If you were to file for equitable distribution you could place a lis pendens on the property to ensure that he does not sell the same.

So, unfortunately, I don’t think that the court would order him to pay all the household expenses for any long length of time (and that is assuming you get in front of a judge on the alimony issue). You may be to stay in the house though. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
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

Thank you, Ms. Fritts,

I am also wondering about legal fees. Am I likely to be able to get him to pay for my attorney fees? The adultery claims are backed up with PI reports, taped phone conversations (between he and I), credit card statements, and emails. I have rock solid proof of adultery here. As I mentioned, my net worth equals 2% of his. Retaining and working with an attorney will place a financial hardship on me.

Thank you again.


#3

Dear Skyler:

Greetings. You can request from the court that the supporting spouse pay for the attorney fees in alimony and post separation support hearings. I want to reiterate to you though that with the length of your marriage being less than 1 year, it is my opinion that you will pay more to an attorney to go to court for alimony then you will receive in alimony and attorney fees, although this is just my opinion. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
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.


#4

I have been married 8 months. Caught my husband cheating and asked him to leave, which he did. The house is in his name only and was purchased during the marriage. It is currently a “bridge loan” and he is paying interest only. This expires in November, at which time it must be converted to a permanent mortgage.

I own a home but it is occupied by tenants until July, 2005.

Questions - Can he sell this house out from under me or otherwise force me and my children to leave? I would like to stay here until my house is available next year. Do you think the court would allow this?

Do you think the court would order him to pay the household expenses that he paid prior to moving out? He is the supporting spouse and my net worth equals 2% of his.

Thank you.