SOS statutes-case law


#1

Any money that was in the IRA prior to the date of marriage would be considered separate but any contributing amounts after the date of marriage could be seen as marital. If you purchased the truck from this account regardless of whether or not your husband’s name was every on any account or he ever contributed to it, it could be seen as marital property if the amount was over what you had prior to marriage.

Here’s the statute you asked about though:
"


#2

THANKS for responding. It means A LOT TO ME!!! Am totally alone in this.

Again if the Judge persists in shutting me up and will not let me have a say…WHAT do I DO??? This is what this judge does.
What do I say…civil rights under the constitution?
There has to be a KICK phrase to put him into his place!

i am verbal…but professional about it…having once been a long time real estate broker yeeeears ago for a decade.

I have read the statutes and can say clearly ALL is my separate property…and the criminal husband STOLE all my assets…not dividing a share up of what was his…

he also destroyed ALL what he could not take…destruction everywhere of my home/my property…senseless destruction…
see below.

HOwever what has happened to me rises to criminal action of a sweetheart swindler…which is CRIMINAL and against the law.

CIVIL ACTIONS IN MARRIAGE

N.C.G.S. chapter 52


#3

N.C.G.S. Section 50-20 is the Equitable Distribution Statute. I hope that helps you answer your question.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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

thank you[:)]

Jessica Almond


#5

You are welcome.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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.


#6

Well I’ve popped up again,
Preface:the 60 yr old gal "yankee: swindled to complete ruin by a career criminal husband of ONE yr… raised here who is suing me bed $ board having a top bull dog attny (which in papers says I am to pay for).I’ve got not a dime for an attny or to my name. This is corrupt Columbus County and the good ole boy system reigns with judge in pocket of attny. I victim treated the criminal…and the criminal treated the POOR victim. A full blown nightmare. Tried everyway to get counsel…now I am down to wire and face the hangman judge tomorrow.
I need some legal tips.

Judge ordered interim relief a month ago to have me turn over my F150 I paid for in CASH from my IRA in my name only…established prior to marriage and remains so tho exhausted. Put the truck in MY NAME ONLY.
Only reason he has not gotten that truck is that judge said he had to have insurance…and I wont insure this guy…and he cant get insurance on a truck that is in MY NAME ONLY. This is clearly separate property.
This judge says when I go to court tomorrow that if not turned over will go to jail.
This judges decision in a rushed interim relief hearing where facts wwere unable to be presented since I was in chaotic crisis with then an attny that bowed to the corrupt politics.
If this criminal gets my truck…he will destroy it as he has done everything else. Its the only working vehicle paid for. My other vehicle I owe $23K on and can not pay payments as it is. Besides needing to possibly sell the F150 as I have $4000 in debts each month courtesy of a conman thief husband and no income but $800 gross annuity. I am drowning. This husband NEVER contributed…there was NEVER a joint account…all he did RUINED ME.

WHAT STATUTE, case law…backs up the separate property rule so this judge might back down…and can I demand his decision from a month ago… tomorrow be overturned?

Same applies to tools of the trade which judge ordered be turned over to him but have not yet…that this POOR southern career ccriminal needs to have to get himself a living??? he has NO W2s…has spent more time IN jail than out. and doesnt need MY separate property/tool to get a job! which he has yet to get since he has been living with a married woman who has a HOME/works been supporting him til recent…til she found out he is a criminal and dumped him…but he was setting her up…for the kill…
The tools bought of mega amount came from IRA for a biz in my name ONLY started prior to marriage where then set up he was independent contractor as well as his bro. THO not a DIME came into a separate biz account for that business…any checks were embezzled with directed to be paid to his BROTHER…ALL just a SCAM… MOST expensive tools are MISSING/stolen by him…still what remains was bought Prior to marriage and some later…by either from money from IRA of which my hhome bought prior to marriage is now heavily tax liened from drawing from IRA and a mortgage now from debts to buy massive business goods…and otherwise staggering credit card payments in my name only that I was paying for moooon but no longer can pay for
WHAT STATUES back this all up?

I will go into that court tomorrow and first this bull dog voiced top lawyer will visciously bark out the rage for me the despicable holding onto what is ordered while his poor client that should have alimoney, car, tools of trade…to survive…

and then when its my turn!!! IF I have a turn??? do I??? as it seems what time I had to say anything, this bull dog attny cut me off by saying insulting things…WOE WOE WOEs me …mocks and interrupts while the Judge nods his head and says he understands their patience…and goes on to cream me!!!

HAVE TO KNOW what I am doing…statutes/laws is all I can think of to back me up for this judge to BACK DOWN…

ONE YEAR MARRIAGE…that in itself should be in consideration.
ANY laws/statutes about what possibly a spouse could get another for in only ONE Year of marriage with a suspect BIGAMIST no less…which I need to get in there somehow and how? as he falsified marriage application and there is another marriage he showed NO divorce for…

THANK YOU for ANY DIRECTION, COMMENTS.
btw this bed and board suit by criminal plaintiff is on charged of BOGUS adultery…is that not addressed first???

Diane

Jessica Almond