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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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We have been married 5 years 4 months in NC, husband had

Customer Question

We have been married 5 years 4 months in NC, husband had home before marriage that we rent out but several years back we refinance dand he added name to deed, what would I be entitled to? Our home we live in we both are on deeds as well. We have 4 year old son I do not work and haven't for over 4 years, would my son and I be able to remain in home, would I be able to get support for myself? He also has 401k, suntrust investment acct was inherited before marriage, and land in California which he gets rental check every 3 months for I'm not on that property but check goes into joint account,
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
Would he be entitled to support me till I got on my feet? How long could I get support? Do we have to be separated before I can file for any support
Expert:  LawTalk replied 9 months ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

As your name is ***** ***** deed to both properties there is a presumption that you own 50% of each of them and you will get that value in the divorce.

You asked: We have 4 year old son I do not work and haven't for over 4 years, would my son and I be able to remain in home, would I be able to get support for myself? You will be entitled to child support of roughly 20% of his monthly income and spousal support of about 20% to 25% of his income for at least 2 to 3 years base on the duration of your marriage.

You are entitled to 50% of the investment that has been accumulated since your marriage. Anything that he had in the account before that time is his, and his alone.

Land in CA that he owned before marriage and you name is ***** ***** the deed he will get free of any claim from you. Any money presently in any joint account is 50% yours---take it now if you are about to file for divorce.

You need to be living apart before a court will order that he pay you either child support or spousal support.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 9 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

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