The first of many to come!


#1

Well basically they are telling you to get a lawyer NOW! before they screw you.

Curtsey,

  • The law of some states provides that if a married person dies, their spouse gets the right to use any real estate they owned (or in some cases some fraction, usually 1/3) during their life. Some states provide that if a married person ever owned real estate, even when they sell it, their spouse retains the right to use it after their death.

Waiver of Alimony - give up Alimony

Pendente Lite
[Latin, Pending the litigation.] During the actual progress of a lawsuit.

Situs
n. Latin for “location,” be it where the crime or accident took place or where the building stands.

jnewman


#2

Many thanks for your quick reply. Believe me, I have needed an attorney for some time but my spouse has made sure that I cannot get my hands on any of our money, even joint accts. especially since I live in another state. I am having to get in touch with Legal Aid in Raliegh in hopes that I qualify for their help, otherwise I will have no representation.> Another question please! Can my spouse make me sighn Separation and Property Agreement papers? They are so unfair and after being married for just about 40 years, I refuse to sign papers that would have me living much like a bag lady and giving up all my rights to jointly owned properties, stocks and bonds as well as our house and grounds, personal property and much more. He has already sold two parcels of peoperty that I owned jointly AND he is telling me the proerty was forclosed on for non-payment of property taxes. I found out at the Wake Co. courthouse this is untrue. It was sold and now has a lovely house sitting in the middle of it. I was told on this very site that I am legally entitled to half the proceeds this property brought. Yet my spouse refuses to admit he sold said parcels.> My spouse refuses to allow me access into our home and he still has possession of my antique bedroom set that was a gift from my parents when I graduated from high school as well as other personal belongings. He also sold the rest of our furniture without my knowledge. I found out when he sent me a check for $75 as my part of the sale!!!> I need help in an unbelievable way because I’m desperate!!!> He informed me last week that he was giving me until the end of this month to sign and if I don’t he is going to file suit for divorce so he can marry the new woman in his life. I believe I will have a better chance of being delt with fairly if we do go to court. I’d like to be able to sue for alimony and ED. Even if the judge doesn’t divide everything in half, I will still get a more fair settlement than what my spouse wants to give me.> Sorry for the LENGTHY reply. If anyone manages to get from start to finish, let me thank you in advance.> There is much more to come but not tonight…tomorrow!
THANK YOU. Respectfully, lostlady


#3

you cannot be forced to sign anything.

If he files for divorce you must assert your claim for ED prior to the divorce being final(in documents filed with the court!). If he files you MUST answer with a counter claim including a claim for ED and Alimony failure to do so will result in him getting his divorce and you being barred from future ED claims.

ED does not have to be settled prior to the divorce but your claim for ED must be asserted or else you lose the right to claim ED.

If you have the account numbers and are on the accounts go to the bank and use a counter check to get the money you need for a lawyer. Even if that means going out of state.

jnewman


#4

Again my appreciation for your reply and the info you furnished.> If, indeed, my spouse does file for divorce at the end of the month, how long do I have to answer back as you advised? Also, does he have a legal right to bar me from getting into the home and retrieving the remainder of personal property that he has failed to return to me? Since, legally, I own the house and property equally, don’t I still have rights as well? Also, since my spouse sold jointly owned property without my signature, knowledge or POA, can I expect that he will have to reimburse me for my share of ownership? What about the sale of the home furnishings?> I look forward to your input and thank you again. Respectfully, lostlady


#5

Could you please tell me the meanings oF-------curtsey, Waiver of Alimony, Situs and pendente lite?> I have more questions for another time. However this is as much as I can deal with for now. My sincere gratitude for any assistance you may be able to provide.> Respectfully, lostlady