Timeout from the relationship


#1

Dear torrero:

Greetings. No, that is not abandonning the marriage and even if you did abandon the marriage that does not give her the right to take everything. So, no and no to questions #1 and #2.

Yes, the house is separate property if purchased solely by you prior to the marriage and you never gifted it back to the marriage by making it jointly titled. However, the equity which you acquired in the house due to mortgage payments made during the marriage may be divisible and marital property which you would have to split with her. Good luck.

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

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

If I tell my wife that I need time away from the relationship to
clear my head, and I tell her I will return in a few days,
and at that time we can talk about things.

Is this considered abandoning the marriage, and does it give her a right to take everything ?

I have also spoken with a different lawyer who has told me that he can get me out of this marriage, and I will keep the house, because
the house was bought by me prior to the marriage, and is still in my name. we have been married less than 3 years.
he said there was some type of form he would file to have her out of
the house. is this true ?

any help will be appreciated