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lwpat, Attorney
Category: Legal
Satisfied Customers: 25386
Experience:  Actively practicing trial attorney
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If I have been seperated from my husband for over a year but

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If I have been seperated from my husband for over a year but without any legal devision of property and I choose to buy a home with money that I have aquired since the date of legal seperation, does he have any right to the home that I would buy?

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What is your state?


Has there been any court filings?


Are you on the mortgage to the existing house

Customer: replied 3 years ago.

NC and there have been no filings. I have proof of living seperately since Aug 1st 2012 and have been using completely my own financial accounts since then and have not touched the previous marital accounts. From Feb to Aug he lived away from the home in a family owned condo that I cannot prove as I dont think he payed anything to live there. He has LOTS of $ and I have very limited funds.

I am sorry for your situation. Normally the marital estate is divided as of the date of filing. If you are going to buy a home, then you need to contact a local attorney and proceed with court action. NC is an equitable division state so the fact that you have been separated and you keep the money in a separate account will be a good argument that it is not marital. However, you want to have something filed before you start buying real estate. Here is a referral site

You may be eligible for temporary spousal support pending the divorce.
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