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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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i live in north carolina and i married last october. i became

Resolved Question:

i live in north carolina and i married last october. i became unable to work. my husband has not put me on any of his accounts and my name is XXXXX XXXXX the house either. he gives me an allowance and pays the bills. do i have any legal rights.
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.
You cannot force your husband to give you access to any of his accounts. However, you can force an equitable distribution of what are in his accounts and the other property that you have that qualifies as marital property. But the way this is done is by getting a divorce. While you are still married, you cannot technically force him to give you access.

Please let me know if you need clarification.

Best Regards,
Zachary D. Norris
Customer: replied 5 years ago.
what if we separate. If I leave.
Expert:  TexLaw replied 5 years ago.
If you separate, you can seek spousal support and he will have to pay you an amount set by the court. However, this does not give you control of his accounts.

You may be able to freeze his accounts through an injunction to preserve the marital estate until the court can assess your need for spousal support. However, these are steps that have to be initiated through an attorney by filing for a divorce.

Remember, in North Carolina, you have to actually separate and live separately for 1 year before the court will grant an absolute final divorce and divide the marital estate.

Feel free to ask me more questions regarding this subject. If you find my work acceptable, please click accept so that I may be given credit. I will continue to answer questions as long as it is reasonably constrained to the initial topic of your question.

Thanks,
Zachary D. Norris
Customer: replied 5 years ago.
i am not after the estate. if we divorce i will lose the medical insurance. he is retired military. i just don't have an income and disability SSA is not going to be enough to live on especially with no health insurance. I need to know if he will have to give me alimony (support).
Expert:  TexLaw replied 5 years ago.
I understand. You have to force him to give you alimony (which is what you get after the divorce is granted) and spousal support (which is what you get when you separate but before the divorce is final) by getting an order from the court. If you are completely dependent on him for your welfare, then there is a high likelihood that the court will grant this for you. However, you are not automatically entitled to anything, and you have to force this to happen by filing for divorce and asking for a court order.
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