Thank you, William.Does she have the right to just take what she wants out of the house?
The answer is "yes and no."
In North Carolina, marital property comes in two forms:
SEPARATE PROPERTY is everything one had before marriage
, and/or, inherited by gift, or, received in settlement. This is given to the party that had this.
MARITAL PROPERTY is everything else, and this is divided "equitably," which means fair but not necessarily 50/50. The court shall divide the marital property and divisible property equitably. The court shall consider all of the following factors under this subsection: (A) The income, property, and liabilities of each party at the time the division of property is to become effective. (B) Any obligation for support arising out of a prior marriage. (C) The duration of the marriage and the age and physical and mental health of both parties. (D) The need of a parent with custody of a child or children of the marriage to occupy or own the marital residence and to use or own its household effects. (E) The expectation of pension, retirement, or other deferred compensation rights that are not marital property. (F) Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title (G) Any direct or indirect contribution made by one spouse to help educate or develop the career potential of the other spouse. (H) Any direct contribution to an increase in value of separate property which occurs during the course of the marriage. (I) The liquid or nonliquid character of all marital property and divisible property. (J) The difficulty of evaluating any component asset or any interest in a business, corporation or profession. (K) The tax consequences to each party. (L) Any other factor which the court finds to be just and proper. (North Carolina Statutes - Chapter 50 - Sections: 50-20)
However, this is all on paper until/unless one of you filed in court
out of separation
. If so, the Judge then will allow temporary orders
prohibiting taking property/assets and spending money beyond necessities until the property is divided at divorce.
However, until/unless a party files in Court for this, then either can take whatever they want because the property is presumed
marital until proven otherwise.
So she can do this, but, you can stop her by filing in court (or threatening
to do so). Or, simply not allowing her (without violence, of course).
I hope this helps and clarifies. Good luck.
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