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My wife divorced me on June 23, 2014 we separated on April…

Customer Question
My wife divorced me...

My wife divorced me on June 23, 2014 we separated on April 23, 2013 but she never filed for ED of marital assets which included a House, Car ,Furniture, a retirement account, etc What can I do now I am on disability only and can not yet afford to acquire help?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

North Carolina .

Lawyer's Assistant: Have you talked to a lawyer yet?

No but I spoke to the personal assistant of a District Judge that handles ED's and she advised that I start here.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, Somehow my wife was able to transfer the home into a trust after the divorce without me knowing it.

Submitted: 4 months ago.Category: Family Law
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Answered in 4 minutes by:
11/28/2017
Family Lawyer: LegalGems, Lawyer replied 4 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

I am sorry to hear this; you mention there was a divorce but the court never divided assets? Was this a default divorce?

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Customer reply replied 4 months ago
No it was an absolute divorce. I hope that answers your question.
Customer reply replied 4 months ago
My funds are very limited because of my injury I am on disability only.
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Thank you;

Normally the right to equitable division is waived if the party does not assert it prior to entry of the judgment of dissolution; here is that statute:

ouse to alimony as provided by the laws of this State. (e) An absolute divorce obtained within this State shall destroy the right of a spouse to equitable distribution under G.S. 50-20 unless the right is asserted prior to judgment of absolute divorce; except, the defendant may bring an action or file a motion in the cause for equitable distribution within six months from the date of the judgment in such a case if service of process upon the defendant was by publication pursuant to G.S. 1A-1, Rule 4 and the defendant failed to appear in the action for divorce.

It may be worthwhile to have an attorney research the statute to see if there is any case law that contradicts the statute so that a claim may be made but based on the statute after 6 months any relief would be barred.
I am sorry I do not have better news but that is the rule per the above code; available here:

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_50.pdf

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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