Trial seperation


#1

Not necessarily. Equitable distribution is equal rights to all marital assets and debts. If the house was purchased by her before your marriage then you may have only a small interest in it. If it was purchased during your marriage, it’s 1/2 yours. Research some stuff on the home site here. A lot of good knowledge to be had.


#2

Dear shawnr:

Greetings. No, that is not true. The house, if titled jointly, is still yours and you still have legal rights to the value, etc.

If your wife has told you not to return to the house though, you cannot as that would be domestic criminal trespass. Thank you.

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.


#3

Would it be domestic criminal trespass if there is no separation agreement in place?


#4

Yes. Once you have been told not to come back in then don’t go back in. Feel free to come and go if you invited.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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.


#5

My wife and I are in a trial seperation. I chose to leave the house and am staying elsewhere. I have been told by a friend that technically the house is not mine any more and I have no rights to it. Is this true?