Want to sell property but still married

#1

Dear Jffain:

Greetings. Yes, she may be entitled to some of the money you receive from selling the timber, but it would depend on how the land was used, how was the timber maintained, and any other relevant factors which may show that the separate property (your land with the timber) was converted into marital property or partial marital property through your actions during the marriage.
My suggestion is for you to obtain an attorney and begin working on this separation agreement. The other issue is that you may need your wife’s signature prior to selling the timber if you do not have a separation agreement. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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.

#2

Hi Janet, thank you for your response. I don’t think I did anything to indicate the property was marital. It basically sat there the whole time we were together. We didn’t live on the land or use it for anything.

Part of my problem is finances. I was laid off almost a year ago, and work is scarce. I need to sell timber to pay bills.

Can a couple be legally split up after a certain length of time, without having to sign any papers?

jffain

#3

When you stopped living together with the intent to stop living together, you became separated according to North Carolina law. You don’t need any papers to say that you legally separated.

Ketan P. Soni
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.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.

#4

Thanks for your response. What are the dangers of doing a do-it-yourself divorce kit that’s on this website? I’m thinking about using it when it is time.

Jeff

#5

There are no dangers - just follow the instructions and heed the warnings found in the instructions. Keep in mind that divorce does not divide property of determine alimony in North Carolina.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.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.

#6

My wife and I separated 4 months ago. We didn’t sign legal separation papers. Now I need to sell timber on land I inherited before we were married. I’m concerned that she might be entitled to the money I make from selling my timber. I don’t know whether or not I should sell now, or wait until after our divorce is final. Does anyone know for sure?

Thanks.
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