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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I have been separated yrs. we have filed

Customer Question

I have been separated for 4 yrs. we have filed for divorce just waiting for trial date. I received a sizable inheritance and want to buy a house. Is it true that after a year what is mine is mine
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard
Expert:  Samuel II replied 2 years ago.
NC is an "equitable" Distribution state. That means that when it comes to marital property - anything acquired while still married - the court will look at who contributed to the purchase. And so if this purchase comes from money you inherited then I suggest that it would not be consider marital, after 4 years of separation, no other joint assets and the fact the inheritance would be separate non marital property anyway as long as you did not first put it into a joint account.So it is not because you have been separated for at least one year, but the process upon which the court evaluates the property.Please note that I can only provide you information on questions you ask. If you have other questions or need clarification in this regard, please let me know.Otherwise, I would appreciate a positive rating as that is how I get credit for my time in providing you true and correct informationThank you
Customer: replied 2 years ago.
since I am turning part of my inheritance to buy a house i know he cant get any of the inheritance but could he possibly have some rights to the house before divorce final, but I did signed the equitable distribution as did he. Is there any way the courts could believe he can get half of the new home I
Expert:  Samuel II replied 2 years ago.
Thank you for your follow up.
When you said you signed the Equitable Distribution - what is that? Just so I'm clear. Was that an agreement between the two of your or what?
Thank you for your patience while I sort this out.
Expert:  Samuel II replied 2 years ago.
I have been notified that you had an answer or follow up question. Can you please post it here. Thank you

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