Trying to separate


#1

Married almost 8 years, I am the dependent spouse. We had a mediation and cannot come to any monetary agreement. The home we live in has no mortgage… We bought the land, built the house and the money came from my husband. BOTH of our names are on the DEED… (I am 62 and my spouse is 66)… He has accumulated quite a bit of real estate since we relocated here from the north. I understand that I’m not entitled to any part of those holdings.
We are living under the same roof and he has cut off my health insurance, car insurance, food and gas money… I have very little money left from my social security each month… I want to move in with a friend for a while, since his behavior is unacceptable… I was told to stay where I am by my attorney.

I was told by the mediator, that if I went to court that I’d be entitled to half of what the house is worth. Originally I wanted additional monies, but now want to get out asap. How long does this court process take? How long does it take to get on the docket to Iredell Cty. Is this true about getting half of the value of the house?

Thank you.


#2

The ED process can take anywhere from 6 to 9 months to complete, we do not practice in Iredell County, so I cannot say if that estimate is accurate there. You are entitled to one half the value of the house, and any other property he acquired during the marriage so long as they were not procured by his separate funds (inheritance or bequest).


#3

My question to you is, if the TITLE of the land and the house are in both of our names even though the funds were his, am I entitled to half? I understand that I’m not entitled to other property that he used his funds for.

Thanks so much.


#4

You at least have an argument that he gifted the property to the marriage if it titled jointly.


#5

You have been so helpful… I have one more question… Can I apply for temporary spousal support myself?


#6

Yes, you may file an action for post-separation support.