I don’t know why no one ever replied to this. This sounds as if you could actually have an amicable divorce, since you are not wanting to clean him out. If this is what you both want, I would suggest talking to him about this.
The equitable distribution of marital assests does not have to happen even before the divorce, as long as it’s filed before divorce it final. I don’t know about the house, but I think that would depend on how long you have owned it and whether there is any equity built up. You are entitled to 1/2 so he may have to buy you out, but again I’m not sure about that. My husband and his ex were only in their house for 3 years so there was nothing to split even when it was sold. It was sold for what was owed on it + realator’s fees and he still ended up paying 1/2 the closing cost.
Good luck and sorry that you did not get replied to. There’s a lot of good information on this site, not just in forums.

Dear ritamb1:

Greetings. First, have you applied for disability? If you move out, you will not lose rights to your house, etc., but instead you will need a separation agreement on what will happen when you move.

Finally, I would apply immediately for social security disability if I were you. If you are denied, the attorneys work on contingency fees and won’t charge you anything. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.

I have some questions about seperation. I have health issues due to lack of care and health insurance.I lost my job in 2002 for missing work for dr’s appts for early breast cancer and gallbladder disease. I’ve had one job since, and had to quit because I couldnt handle it physically. I have uncontrolled diabetes, high blood pressure, back problems, and bad knees one of which requires surgery. I’m unable to hold a fulltime job but I’m trying to find partime work which I can handle which is a job in it itself. People dont want to hire people with health problems. Our financial problems have stressed our marriage. We had to file bankruptcy almost 2 years ago. We have no debts except a car and our house, but by the near of payday we are broke and most of the time. I go without medications which is making my health worse. Im on a list to see if I qualify for free clinic, but were caught in the middle. My husband makes too much for me to get medicaid or alot of free services, but not enough for me to get insurance, go to the doctor when I need to and afford medication, tests or surgery. I have no income to afford an attorney right now but if it gets bad enough I might move in with family. I’m afraid if I leave I will lose rights to our house and property. How do I go about doing this. If I do leave I want it to be fair. I dont want to take him to the cleaners either. I dont have any retirement because we used mine to get by since I’ve been out of work and there is nothing left. I dont want to ask money from him, because then he wouldnt be able to survive either. How do I go about getting a seperation if I do leave? Should I just leave or tell him first? Can I download papers for seperation and fill them out and have him sign them? I’m finally considering applying for SS disability but that will take a good while, and will probably get turned down the first time. I dont have the funds for a disabily lawyer either. Any suggestions will be gratefully appreciated!