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Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 34497
Experience:  30 plus years of experience.
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I have moved out of the house that my wife and myself own.

Customer Question

I have moved out of the house that my wife and myself own. The mental abuse I can handle no longer. We have no children. We have a small mortgage on the house. I'm living at my office. If I continue to make payments on the house do I need to be concerned that my wife may get the house? We did agree to sell the house and end the marriage before I moved out?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: North Carolina
JA: Have you talked to a lawyer yet?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO
Submitted: 2 months ago.
Category: Family Law
Expert:  Loren replied 2 months ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

Some people just prefer the speed of a phone call and that the information not be posted on the public forum.

Expert:  Loren replied 2 months ago.

Sorry to hear of your trouble.

NC is an equitable distribution state. That means that the court will strive to divide the assets of your marriage in a "fair", but not necessarily "equal" division.

With that in mind, realize that the vast majority of property divisions in divorce actions are negotiated by the parties. So, it is highly unlikely that your wife will just get the house and you will get nothing, or vice versa.

Also, the fact that you are both in title means that you both have a legal claim to assert for the asset.

So, have a basic understanding of the assets you own separately and together and get experienced divorce counsel to protect your rights and aggressively negotiate the division.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

MARTINDALE HUBBLE

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Expert:  Loren replied 2 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!