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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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If we were married in NC year April of 2003 and bought ...

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If we were married in NC year April of 2003 and bought property in Tenn. March 2004 And my wife left me in June of 2004 in Tenn. Pennyless who gets the property?
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
Is Tennessee your current state of residence?

Has a divorce been filed yet and if so, in what state was it filed?

Is the property in both of your names on the deed?

Thanks.
Customer: replied 6 years ago.
No Live in NC
Yes in NC May 2006
No the deed has never been turned over to me after paying cash. He siad he had sent it to my wife and were seperated at the time. I tried to contact her and she returned my mail to sender.
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your response.

Who is "he" in your reply.

To clarify, home in TN was acquired during your marriage (not separation), is that correct?

Thanks.
Customer: replied 6 years ago.
The man I bought it from. Yes it was in March of 04 and she left in June of 04. I took my settlement from work to purchase the place she was drawing unemployment at the time.
Expert:  Attorney & Mediator replied 6 years ago.
Thank youCustomerfor your response to my questions.

In North Carolina property acquired during the marriage is considered a martial asset and both of you are entitled to the property regardless how the deed is designated. You should still make sure you get the deed or a copy of the deed from the county recorder's office or the seller.

As the divorce is filed in North Carolina. NC divides only marital assets according to the laws of equitable distribution. This is a distribution on what is fair and equitable and does not necessarily mean a 50/50 split. The typical scenario would mean that the home will be sold and the equity would be split. However, you would also be entitled to a reimbursement for the amount of contributions towards the property.

To answer your question as the property was acquired during the marriage the property belongs to both of you. Upon divorce you are entitled to a share of the equity and the reimbursement of your contributions.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 10 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to LawNinvest's Post: I paid for it all and have paid for everything since she has left. It is on a lot and I have to pay lot rent yearly. She has paid for nothing. It has cost me 2000 a year for 3 years. The proprty is in Tenn. The up keep of the home I have paid for it all. You tell me that she still gets something. When she walked out on me.
Expert:  Attorney & Mediator replied 6 years ago.
Yes, she gets a share of the equity because this property is considered a martial asset. Martial assets are to be distributed to both spouses in a fair and equitable way. This does not mean she gets an equal split with you, but yes she is entitled to something unless the property is offset by some other property.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
Reply to LawNinvest's Post: that is the problem for there is no equity in the trailer. I paid more than it is worth for it is where I am going to retire to. In my settlement she recieved a new truck and I bought her son a car and daughter got money from me. I was contacted by the IRS for we owed back taxes and I had to pay them as well. She owes me more that 23,000 I only paid 25,000 for it and the last 4 years lot rent plus all the up keep on the home.
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your response.

As there is no equity in the trailer, then the court will look to see if there are any assets to distribute. As it appears there is nothing more of value in terms of assets, then there is no way the court can proceed with distributing property to her. Again in North Carolina property is distributed according to what is fair and equitable (equitable distribution principle). If there are no funds and no assets, then the court will not bother in giving her anything. As you have made all of the contributions to this property and she has been compensated by getting a new truck, then the court will in all probability award you the trailer. My concern is that she has the title to the trailer. You need to get a hold of that or she can claim the trailer.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


Expert:  Attorney & Mediator replied 6 years ago.
Let me know if you need further help with this.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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