Also…
The house is only financed in my name and no legal separation exists so can I sell it with out her consent? Would that get me in trouble with the court?
Stuck
If you want to keep that house, don’t move out.
If you want to keep custody of your child, don’t move out.
Whether she can work or not is irrelevant.
Whether she chooses to work on not is irrelevant.
The fact that the house is financed in your name alone is irrelevant. She is probably entitled to half of the equity accumulated during the time you were married.
See an attorney.
You should consult an attorney. If you informed her of your intention to separate and divorce, and she has not come home in a couple of days then you may be able to use this as her willingness to begin the separation by leaving the home. But an attorney would be able to tell you more thoroughly what your rights are at this point…
don5327 is correct on most counts. If you want to remain in the home, the best situation is for her to move. You both are entitled to 1/2 the marital assets and this includes the home. You can not sell the home without her knowledge since her name is undoubtedly on the deed. But it’s usually easier to retain property that you have than property you must get back from the ex…
If you want to retain primary custody, you should have the spouse move out without the child. Your parental rights are not in jeopardy regardless of who moves. Keep in mind though that being lazy and not willing to work is not a good reason for the custody to not be shared between you but it may be a good way to get primary custody. Children need both parents. Maybe a separation agreement giving you primary physical custody until she can get settled thereby not uprooting the child’s life, then the custody could be changed to joint physical custody…
Your questions are fairly detailed. You can obtain an overview of divorce law by reading our website or by attending one of our free monthly seminars. You need to consult with an attorney before taking any further action.
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
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Chapel Hill, NC 27514
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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.
have a wife who wont get a job even though she has no medical reason not to…she just refuses. I told her I want a separation and divorce so I told her to get a job because I dont feel she can support herself and she aggrees then will not do anything but clean a house here and there for a small amount of money which never makes into our finances.
We have a 9 year old and my most important need is not to lose custody.
How can I leave without abandonment problems that jeopardize my parental rights and the equity in my home?
She has not come home in a couple days, will this count against her?
She wants me to just “walk away” leaving her with my child and home and even though she wont keep the house clean she feels her time sitting on the couch watching TV entitles her to every thing. What do I need to prove she is capable of working even though she chooses not to?
We had a 9 month seperation before legally then moved back in together about 2 years ago. Last time she assulted me and I called the law at which point she ran my daughter to a family memebers house in Tennesse and tried to hide her from me. I was able to get emergecy custody and retain my home based on these actions last time. She was mandated to anger management so the assult charges were only charges not a conviction based on her plea. Is any of this usefull now even though there is no 50-b or assult this time?
I have stopped making any monies I bring into the household available to her and I have stopped paying for her things (car,gas,cigarettes) but I maintain all bills associated with my daughters care (home,food,utilities). Can this hurt me?
I am sorry for being long winded but I have re-written this 3 times now trying to make it shorter but I know I have more questions coming…thanks for your time and suggestions!
Stuck