Hi, I separated from my husband February 2020. He hasn’t helped financially since I left. I have two small children. I asked him to do a separation agreement with me and he wouldn’t. He will not remove my name from our truck that he has either. He was being difficult with our children as far as not getting them and me figuring it out. He asked for his name to be removed from the home, so I paid for a quitclaim deed that he signed. I filed paperwork for child support, custody, and equitable distribution (to remove my name from the truck). I was going to rent the home but I sold the home in September without him. In May he picked up and moved to another state and left me and the kids to figure it out, including the house. Is he entitled to any of the proceeds from the home? I paid for the down payment, and all repairs, which were thousands of dollars. In NC, I can’t file for divorce until February 2021. Am I wasting my time and money during the separation on all of this? Will all of this be done in February when I file anyway? I was trying to avoid having contested matter. Thanks.
He may be entitled to one-half of the proceeds of the house depending on the value of the other marital assets he has kept. The marital estate must be divided equally, assuming equal is equitable, regardless of marital fault.
You are not wasting your time and money. If he has been non-responsive, then you are likely to get a court order granting you each of your requests.
You may or may not be finished with this come February 2021, depending on how quickly or how slowly it takes to resolve each of the issues. But the important thing is that you have the claim of equitable distribution at least pending at the time the absolute divorce is granted or otherwise you would be barred from using the court to divide the marital property.
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.
He still me be entitled although he left me with the home, stopped paying, and left with only his items? I paid for the down payment, we paid equal mortgage monthly. However, when he left he stuck me with doing everything including cleaning, removing all items, several repairs making me pay thousands of dollars towards my home… He wouldn’t help at all. Now since I’ve redone my home and chosen to sell it because I couldn’t refinance alone he wants to take half. He hasn’t paid childcare since February and has not contributed to anything for our kids. Will the courts take him not paying anything for the kids into affect or does that not apply to the home at all? He asked me to remove his name from the house and willing signed the quitclaim deed. Would a court really see this as justifiable on his behalf? I already have been paid. Would they just make me disburse the funds to him. What are the odds of me actually having to do this?
Equitable distribution is not take marital misconduct into fault. The fact that you had to pay the mortgage, upkeep the home, gave little to no support, etc. may be distributional factors that can influence a diversion from a 50/50 division of the proceeds. If he does not make a claim for you keeping all of the proceeds from the sale of the home, then an equitable distribution court order can be entered that you keep all of it.
Child support is completely separate from the house and equitable distribution and one does not affect the other. You may be entitled to retroactive/back child support.
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.