Always try to come to an agreement between the 2 of you before getting lawyers involved. After you the agreement signed and notorized, you have to run it ny the jude for hus approval. You may want to get a lawyer to help you with that part so there are no holes in the agreement.
If, you end up with each of you having lawyers, you can end up paying a lot more for the lawyers and to your STBX. You could end up paying her legal fees also not to mention higher alimony.
Phil
Dear leecruz:
Gretings. 1. I cannot advise you on what is reasonable for your situation without a full consultation, but usually the sooner you are signed on the dotted line the better.
No, you would have to file a claim for equitable distribution in order to have the court eventually distribute the house, or any other property, to you or her. Equitable distribution must be filed prior to the entry of a divorce decree or you lose the right to file the same.
A dependent spouse can ask for their attorney fees to be paid, but that is up to the discretion of the court if she is awarded attorney fees or how much.
Yes, she can tell you not to come back into the house because it will be domestic criminal trespass. Yes, it may be considered abandonment, possibly, or malicious turning out of doors.
I am glad to hear that I gave you good advice last year…Thanks
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.
Read my other posts for background info on my situation (Non-working sick spouse). My STBE wants me to help her fix up a manufactured home (trailer) on her Dad’s land so she can move out of our marital home. She estimates it would take 6-7 thousand bucks to move the trailer and have it fixed up and inspection ready. I was thinking of having a quitclaim deed prepared and ready, then have her sign it (taking her name off the house) and a separation agreement (a little tit for tat). I would pay her $500.00 a month for post-separation support or whatever it’s called and then maybe $400 or $500 per month alimony for two years after the divorce decree is issued.
Does this seem like a reasonable buy-out to get rid of this crazy-girl or should I dump the 6-7 thousand into an aggressive lawyer and try to pay her as little as possible? She’s a terrible woman. I spent the other weekend in jail because of a false domestic violence claim she came up with after I dropped the “D” bomb on her and she’s staying in our (MY) house that I do all the work on and she’s smoking dope there and trashing the place (I called a Sheriff’s Deputy over there to witness the drug use evidence and even took pictures). This was when I went there to get my mail. He said he couldn’t do anything.
If our year goes by without a resolution, can a judge order her name taken off the deed when I file my divorce paperwork since I pay for everything and we’re upside down in the house?
Am I required to pay her attorney fees or should it come out of the money I give her for spousal support?
Since she did the false claim of DV on me, she’s dropped the charges, but said for me not to come around or she’d get me locked up again. Without a restraining order, would this be considered malicious turning out of doors? Or basically kicking me out when she shouldn’t, even though we need to be separated for a year? Can she just threaten me and keep me outta my house?
This chick has done a number on me, a good guy that has done nothing but hook her up and spoil her for seven stinking years. Any advice or help would be awesome. MS Fritts gave me good answers last year; I should’ve stayed the course.