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FiveStarLaw
FiveStarLaw, Lawyer
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Husband and wife were separated in june 06, in june 07 husband

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Husband and wife were separated in june 06, in june 07 husband found home and financed it in his own name because wife's credit was damaged. Wife chose to sign the deed instead of Free Trader Agreement. Wife moved into home Jan 30,08 husband did not fully move in because he was working a job assignment in a nearby town. Husband maintained the mortgage, utilities, and upkeep of the home before wife moved in and after. Husband's job assignment ended in Oct 3, 08. He started making prepartations to move the rest of his items to the new home and change careers. Wife changed locks on Oct 12 and stated that she wanted a divorce and will charge him with domestic trespass. She has taken possesion of the marital home with me stuck with paying all the bills. If this had to go to court, would a Judge or court award the home back to me? or should I try to mediate first with my wife to reach a buyout settlement?
Submitted: 5 years ago.
Category: Family Law
Expert:  FiveStarLaw replied 5 years ago.

Hello,


Thank you for your question. I am happy to assist you.


North Carolina is an equitable distribution state. This means that in the event of a divorce the "marital property" is "equitably" divided by the court.

The house appears to be marital property subject to equitable distribution.


Property that is "separate property" is not divided by the court. Separate property (not subject to property division) includes inheritances, property owned before the marriage, personal injury awards, and gifts given to only one spouse.


Marital property (subject to equitable distribution) is basically anything that is not considered to be separate property and most income and appreciation on separate property that occurred during the marriage. Income attributable to the efforts of either spouse is marital property.


An "equitable distribution" means fair, not equal.


The court in determining what is fair also looks at the duration of the marriage, the assets and liabilities of the spouses, the monetary and nonmonetary contributions of each spouse and any other factor that the court expressly finds to be relevant and equitable.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
Customer/span>



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Customer: replied 5 years ago.

Thank you for your response, I understand the ED part, but I need to know how or what chances I have to get access back to my home. Domestic Criminal Trespass is a low blow and basically either party can do this if they get mad at each other for some reason. We have no children, my future earning capacity is greater than hers, 59K vs 24K but I am being told that the person with the least money gets the home?(Value 200K)

Expert:  FiveStarLaw replied 5 years ago.
Hello,

You will likely get access to your home to remove your personal items. However, the ultimate disposition of the home will be determined by ED principles.

I hope that this makes sense to you.

Thank you,
Customer/span>



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Customer: replied 5 years ago.

Understand the ED process, but based on my question: "She has taken possesion of the marital home with me stuck with paying all the bills. If this had to go to court, would a Judge or court award the home back to me? or should I try to mediate first with my wife to reach a buyout settlement?"

 

e.g. What would be the probable outcome of the ED if this when to court based on the information below and my original question.

 

 

The house is titled in both the husband and wife. The mortgage loan is only in the husbands name. Home appraised for $198K and was purchased for 196K. Amount left on the loan 192K, due to ecomony there isn't much equity and it may be negative at this point. Here are some answers to the basic questions that I saw on a family law website that may be helpful in providing a response.

Distribution to one spouse.

  • Age and health of the spouses; length of marriage: Husband 47, wife 58
  • Each spouse's contributions to the marriage: Husband Primary Contributor
  • Income and assets of each spouse: Husband 59K Wife 24K
  • Skills and employability of each spouse Husband BS Degree-Project Mgr Wife Nurse tech High School and Nurse tech certification
  • Source of home or funds for home Money taken out of Husbands personal IRA opened prior to marriage
  • Custody of minor children No Children
Expert:  FiveStarLaw replied 5 years ago.
Hello,

Whatever assets and liabilities there are typically divided approximately equally. If the house is your only asset and it has $3000 in equity; a typical distribution would be that the person who receives the house pays the other person 1500. Who receives the house can go either way. I suggest you mediate.


I hope that this helps you.

Thank you,
Customer/span>



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE



FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36606
Experience: 25 years of experience helping people like you.
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