Served summons and complaint

North Carolina Divorce Law Divorce and Separation Answers
1

Dear hugheske:

Greetings. 1. Yes, she would have filed for ED in the same complaint.

  1. Yes, she loses rights to your retirement, but the house issue is more difficult. You stop being tenants by the entirety, and begin to own the house as joint tenants, which may mean that you do not retain your rights to 1/2 the equity. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.

2

I was served with a summons and complaint by my soon to be ex. It was the same format as the one on your website for do it yourself divorce…(I filled them out, printed them and sent them to her with the instructions on how to file) Anyway, we have settled all matters except for the equity in the family home and my retirement…In A separation agreement I sent her, I have given her all of the equity in the home in return for her waiving rights to my retirement. She has yet to sign and send back the agreement. My questions are these

  1. If she had filed asking for ED, would it have been listed in the complaint as well?

  2. If the divorce is finalized and she has not signed the separation agreement or made an ED Claim 1) Do I retain rights to 1/2 the equity in the home because my name is on the deed? 2) Does she automatically lose rights to my retirement?

Thank you for the help.