Wife want to separate


#1

My wife of 25 year told me two days ago that she wants to separate. We own a house with no mortgage, although $200,000 of the $350,000 value came from an inheritance from her father. Our son is 19 and in college. I would like to take an apartment while we work through this process. The last two days have been miserable.

If I sign a lease on an apartment, will it be considered “abandonment.” She wants me to leave. Should I have her sign a letter of consent indicating that she agrees to the separation? Finally, she has told me that she wants alimony and that she gets her $200,000 back when we sell our house, plus, 1/2 of the $150,000 that would be left over. Does she get $275,000 and I get $75,000 or do we split the proceeds?

Thank you… scared and sad in NC.


#2

I am not a lawyer, but my understanding is that you would be entitled to half the value of the house, as she used her inheritance (separate property) towards marital assets (the house), unless you guys signed some sort of agreement to the contrary.

In any case, sorry to hear about your situation… Definitely wait to hear from Erin or another lawyer here before you sign anything. Her demands (at least as far as the house goes) seem unreasonable to me at first glance.


#3

It is arguable that your wife gifted the inheritance to the marriage when she bought the home, and the value of the home will be divided equally in a division of the martial estate.

You may move out of the house. If you are concerned about her raising abandonment as an issue, you may have her sign a non-abandonment agreement prior to leaving.