Seperate property


#1

The home is your separate property, however you are correct that the only means you have to force her to leave is to file an action for divorce from bed and board. However, you must have grounds for a divorce from bed and board, the fact that the home is your separate property is not sufficient.

If there have been mortgage payments made during the marriage which decreased the balance on the mortgage, then those payments would be considered a marital asset.

If you move out you are not waiving any of your rights to the home. If you move out you can file an action for equitable distribution and then file a motion for return of separate property. In that motion you can ask that the home and any furniture items that you owned before marriage be awarded to you.

If you are worried she will sell your separate property you can seek a restraining order to prevent her from doing so.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#2

Can you file for ED in a QUICK manner that would be resolved sooner than the 1 year. In cases like this, it seems unfair that the person who truly owns the home can’t stay there.

Can you file for the 3 things at once? Or does each issue have to be granted before another issue is brought up?


#3

A final ruling on ED could take up to a year, but you can file a motion for interim distribution and can probably be heard in a month or two on the issue of temporary possession of the house.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#4

I own a house purchased prior to marriage. The mortgage and title to the home are in my name solely and I had the home about 1 year before I even met her. I have been married now for a little over a year. My wife now refuses to leave this house. I have been reading much on the internet regarding divorce from bed and board which seems to be a long process and afraid that she will then claim this as extra time married and then may be awarded a longer alimony. She made no payments for the mortgage and no added value to the property. I believe on what I have read that this is known as seperate property. I of course would like for her to move out but do not how to make this happen and start the clock for divorce and ending this. Is there any way to have her leave short of divorce from bed and board? Also, if I move out to get the clock started will this jeopardize my ownership of the home in that it is seperate property? If I move out what is the time line and process that I can have a lawyer press the issue to then get this decided? Also, if I move out and just take necessities and leave furniture (which all of which was also purchased prior to marriage) is there any action I can take to prevent her from selling these items in that they too are seperate property?