I currently live on 5 acres and my spouse, and I have the main home and another 2 bedroom, 1 bath in law suite on the property. It is not attached at all to the main home. My question is, if we are separating, can one of us stay in the in law suite and that suffice for the one year separation. We are wanting to do this amicably and save money doing it. Thank you.
This is possible but risky and could cause problems later when you get to equitable distribution or even cause problems in the absolute divorce hearing. Therefore, it is best to have two separate residences with two separate addresses that are not on the same tract as of land. That way you can ensure there will be no future problems related to this arrangement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Thank you Anna. Would a good separation agreement from you or your firm fix these issues??? Thank you.
A well drafted, airtight separation agreement will not solve or completely prevent the possible problems associated with living on the same property.
The best, safest, and most sure course of action is to reside at completely separate and different properties.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.