Question on splitting of our assets


#1

Dear cbarger:

Greetings. Yes, you should be concerned. Why would you listen to something she tells you from her lawyer? Now that you are separating, you both have different interests, which is why you each need your own attorney.

Separate assets which are used for the downpayment on marital real estate is presumed to be a gift to the marriage … therefore the division should be equal. Also, if the gifts were to you too, why would you give them back? Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
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

The reason why I ask these questions are, we still love each other very much, we get along great, but she feels that the only way she can regain trust in our marriage is by separating. We keep saying this will be a trial separation, we both believe that we will eventually get back together once we both work out our individual issues. So I don’t want to make matters worse by taking my wife (Who I am trying to patch our issues) to court and pissing her off. I don’t think that would help our relationship. I just wanted to know that I was being the better person by not forcing her to go to court for my share.


#3

Dear cbarger:

Once again the attorney takes the bad rap…all I am saying is that you should not listen to her for your rights, even if you love her. I am not saying that you should go to court, but that you should protect your rights (which is usually done through a separation agreement and not court).

Okay, so will not protecting your own rights make your wife mad? Maybe. But you have to live with yourself for the rest of your life, even if you don’t have her with you. If that is the case, not only will you get the raw deal now, but when she does not come back, you will then really feel like you got the raw deal. Sticking up for your rights now should make her feel more respect for you and make you feel empowered to meet her during your counseling on equal footing.

If you are going to give up on the funds you have mentioned (which I do not advice at all, at least get her to commit and go to marriage counseling a few times first. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

My wife and I are getting a separation after 6 years of marriage, and I just have a question regarding the splitting of our monetary assets. She has already talked to a lawyer about writing up our separation papers, and she told me that in NC everything is split 50/50 except monies given to us from her parents as gifts. During the time we were married, her parents each have given us $10,000.00 to each of us. $10k from her dad and $10k from her mom to each of us for a total of $40k a year. They did it this way so that her parents and us would not have to pay taxes on it. This went on for a few years and we used this money to buy our first house. Now that we are getting separated she has told me that this money is not included in the 50/50 clause. She has told me that she will get all of the $116k and then we will split the rest of our collective money which is $89k, $44K each. It seems like I am getting the raw end of the stick on this deal.

My question is, is this correct on what she is telling me? Should I be concerned with what her lawyer is telling her/me?