Wife and Seperation


#1

Dear timbo2:

Greetings. First, your wife has 50% ownership of the business if you started it when you were married, regardless of how the business is titled or who runs it. If she has hit you recently you can file a domestic violence action to have her removed fro the home. Everything under equitable distribution is fifty/fifty. You can file a lawsuit and ask the court to restrain her from calling your customers. No, if you move out and she tells you not to come back to the house, you cannot under the domestic criminal trespass statute. Sounds like it is time to speak with an attorney, no? Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

My wife and I have been married for 10 yrs. We bought our house 3 yrs ago. It was a foreclosed house,we got it pretty cheap,fixed it up,and now have some equity built up. I also run a small printing business located in the basement of the house. The income from this business is needed to help pay our bills.She has no interest in the business and doesn’t help in the operation except to make a delivery every now and then… I have another full time job and she works part time.I have both of us on the medical insurance at my full time job.I found out that she has been on adult dating websites,and has called some of her contacts(got the emails, and phone records).She is abusive and has hit me on more than one occassion. The children are grown and have moved out of the house. Anyway I want a divorce, so does she actually. I know she is going to be spiteful through all of this. We also have a good amount of credit card debt some in her name and some in mine.We both have good credit. I have offered to take a second mortgage out and pay her half of the equity thats built up and she could move out. She cannot afford the house on what she earns.What is the law when it comes to dividing up assets(house,business) and liabilities(debt). Also How can I keep her from calling my customers and ruining the business. If I move out temporarily, can i come to the house to run my business? Thanks in advance