What is next?


#1

You do not need to wait on him and should at least consult an attorney. You are entitled to 1/2 of ALL the marital assets and 1/2 the marital debt. This should have been put into the separation agreement…what is yours and what is his, what is being sold or kept. The equity in the home is supposed to be split or if one is planning to continue living in the home, must “buy out” the other. I’m not exactly sure about the details but there is a previous post about property explaining this…
You can choose to take money or property but I don’t. For example, the tanning bed you could choose to take instead of the car or living room furniture. Then if you sell it after the assets have been divided the money would be yours to keep.


#2

As soon as you separate you should consult with an attorney. Ideally, you should consult with an attorney before you separate. You are entitled to half of all the assets accumulated during the marriage. This can be a lump sum settlement or half of the actual assets.

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

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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
(919) 321.0780

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 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.


#3

My husband and I seperated the end of May. Filed seperation first of June. At what point in time do I retain a lawyer for the divorce or do I wait on him? I want a monetary settlement. I don’t want the house or any of the property inside the house. (He still lives in the house and has all the possessions). Is this feasible? Do I have rights to ask for that? How do I set the value or is it the value of property? What if personal items get sold, do we split the money for those items? Example: Tanning Bed which he never once used, but I considered mine. Could I keep the money and not split with him?