Can I file for separation even though my spouse is disagreeing with my request? We own a home and he seems to think I’m not entitled to any of our equity and he should get it all. I cannot afford an attorney so what happens then?
There is no separation claim you can file in court. However, if you want to separate, you can move out, you can file for a domestic violence protective order if you are eligible (if granted, your husband would be removed from the home and ordered not to return), or you can file for the claim of divorce from bed and board if eligible (this is a fault-based claim and if granted, would be a legal decree of separation.
Other options are to attend a mediation with a certified family financial mediator to mediate the issue of separating, the equity in the home, and other equitable distribution (property division) issues.
If the home was bought during the marriage, then it is marital property and you are entitled to one-half of the marital value.
For more information on divorce from bed and board, check out our detailed article What is a Divorce from Bed and Board?
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.
House was refinanced and my name was added after we married. Still part mine?
If your husband bought the house before the date of marriage but your name was added to the deed after marriage so that you owned the home jointly as tenants by the entirety, then that would be considered a gift of property to the marriage and the home would be marital property subject to being divided 50/50 in equitable distribution.
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.
When I file for separation I will be moving out of state with family. How can I fight for my equity in our house? He will not agree to what I am asking? I don’t know what the process is. I cannot afford an attorney and he is being difficult. I am on the deed but he seems to think I am not owed anything. If he had his way he would close the door and keep everything. All I want is part of the equity so I can start over. How do I argue this?
Are there law firms who help people like me with no money?
If he will not agree, you can try mediation with a certified family financial mediator. If he will not agree to try mediation, then your only other option is to separate and then file a claim in court for equitable distribution.
Rosen Law Firm offers a do-it-yourself program where you can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month and could be a great resource for you to handle your equitable distribution case without spending thousands of dollars retaining an attorney.
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.