I left a spouse in Oct. 2018 and have been in Fl. ever since. We were married in June of 2018. Days after I left I received notice that I was the beneficiary of a LARGE life insurance policy. As far as I know that money is not community property. Me and my soon to be ex never bought anything together and have no children. She owns her own house. No abuse or anything. 1). Does the separation start in Oct. 2018? 2). Once I hire an attorney, how long will it be before I can own anything that won’t be considered community property?
You may be under the jurisdiction of Florida law since you have been a resident of Florida since October 2018. I am not licensed in Florida and cannot give you legal advice about a separation and divorce taking place in Florida.
However, assuming equitable distribution takes place in NC and NC law therefore applies, then the inheritance money you received is not marital property, regardless of when it is acquired. It is your separate property. Note that NC does not have community property.
For NC law, anything you purchase after the date of separation with funds earned after the date of separation is your separate property to which your spouse is not entitled. For example, if you saved $1,000 from your paychecks earned after the date of separation and then buy a car today with that $1,000 and finance the rest, then the car is your separate property to which your spouse is not entitled.
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.
Thank you. That is very helpful. I am assuming that I am under NC. law since I have never had my address changed or leased an apartment here in FL. I only had my mail forwarded to a FL. address.
In that case, you may not be able to show you have established residency in Florida and therefore you have an argument that NC law would apply if your mail address is the same, your driver’s license is NC, your voter registration is NC, there is no lease and no utilities in your name in Florida, your vehicle is registered in NC, etc.
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.
Okay. License is still NC.,I have not changed my voter registration and I have no utilities in my name here in FL. However, I did change my mailing address. Do you think that would be a problem?
This would be a question of fact for a judge, if contested, about whether or not you are a resident of North Carolina. You have a good argument that by only using a mail forwarding address and everything else you have is in NC that you should remain a resident of North Carolina but this would ultimately be up to a judge to decide if contested.
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.