What can she take from me

We have been married for about 13 month. I closed in a house 10 days after marriage. is she entitled to any of it. We did not live in that house.

What if during this year we have never consummated our marriage. Can I null or divorce her.

Thank you

Any property acquired during the marriage (between date of marriage and date of separation), except inheritances, is marital property subject to being divided equally. Your house is marital property and your spouse is entitled to half of the value, however, you may have some arguments that at least a portion of the value is your separate property depending on the source of the down payment and whether your spouse was working during the marriage and contributing financially to the household.

You will have to proceed with an absolute divorce after one year’s separation. Consummating the marriage is irrelevant. Annulments are for marriages that are void/invalid.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

She was not working at all. She have no financial resources so she did not contribute in anyway in the house
How can I proof that we separated. she left the house around july 2nd 2020
I will be buying another property end of july 2020 is she gone have a part of it as well

The down payment for the house was a gift from my sister to me.

The house is still marital property but given the additional information, you still have good arguments that at least a portion of the value is your separate property.

You prove your date of separation when you file the absolute divorce complaint after one year. In the complaint and at a trial, you have to allege the date of separation and you must do so by sworn testimony with the threat of perjury.

The real estate that you are buying at the end of July, after you date of separation, is your separate property.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.