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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.
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.
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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)
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.
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