My husband and I have been married for almost 6 months and it isn't working out so we are talking about getting a divorce. However, he is threatening to take the house (which is in my name and I have owned since before our marriage),unless I give him the truck and the car (which are also in my name from before the marriage, but he wants me to continue making the payments (the loan is in my name). He say NC is a joint state so he gets 1/2 of everything I owned before the marriage. He was renting when we got married (whith his mom) and has since sold his old truck, so he doesn't have anything from before-other then his hunting dogs, which I have no desire to share, can he do this?
2007-10-16 02:58:41 · 11 answers · asked by Nicole E 4 in Family & Relationships ➔ Marriage & Divorce
he doen't have good credit so we have always put everything in my name and he helped with the payments, but the house I owned before we started dating.
2007-10-16 03:03:09 · update #1
North Carolina is an equitable distributation state. They do divide property and assets evenly based on certain criteria. They do however consider prior owned assets differently. You can read through the web site I have given you a link to. It gives all the requirements to file for divorce and how they divide property.
They will also consider whose name things are in, who contributed and how much they contributed to the aquisition of those assets.
I don't think your husband will end up with as much as he might think.
Good luck to you.
2007-10-16 03:10:12 · answer #1 · answered by mn lady 6 · 0⤊ 0⤋
try to find a good attorney and consult with him. You may be able to even get an annulment on the grounds that he married you only to get the house and vehicles. every state is different but I doubt that the court is going to give him half of anything you owned before the marriage. if he tells you that again before you go to court, tell him that you get half the dogs since he probably wouldn't want that, and that may shut him up until a judge decides that he came into the marriage with nothing and should leave the same way.
2007-10-16 10:22:13 · answer #2 · answered by Al B 7 · 0⤊ 0⤋
i don't think you are going to find a good family law attorney on yahoo answers..... get a consultation or two (many attorneys give free consults) and see what your options are.
it doesn't seem like he'd be able to take your home, considering you have only been married 6 months, and certainly, if he wants a vehicle, he needs to make the payments himself.
maybe you can get an annulment instead of a divorce? i think that, if you are married less than a year, it can be annulled? check into it soon as you can... time is wasting!
take care.
2007-10-16 10:10:46 · answer #3 · answered by letterstoheather 7 · 0⤊ 0⤋
Community property state! He is eligible for 1/2 of the assets AND 1/2 of the debt!
SO what do you owe on everything? The court will add up the assets and the debt and see if there is a positive or negative total. Then the lawyers with your input decide on who gets what and who pays what debt!
Divorce is a *****! Good luck.
2007-10-16 10:05:58 · answer #4 · answered by me4tennessee 6 · 0⤊ 0⤋
Instead of asking her go talk to a lawyer. I know in most states if you owned it before the marriage then it is not marital property and cannot be divided when the marriage ends.
So stop panicking and go seek legal counsel. Most consultations are free and you should be able to get the answers you need to help you calm down.
2007-10-16 10:05:19 · answer #5 · answered by az_mommma 6 · 0⤊ 0⤋
He's in for a big surprise......
He is only entitle to 1/2 of the assets accumulated while you were married....
He cannot get the house, the truck or the car if you brought those things into the marriage yourself.
Tell him to give it his best shot.
He will lose.
2007-10-16 13:13:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Read about the division of property laws in divorce for NC. There should be answers to your question there. I think if he gets a good attorney and you aren't prepared that he can take things from you. However knowledge is power....read, read, read and read some more about this.....question your attorney about what you find and see what you can do to prevent this. Good luck.
2007-10-16 10:04:26 · answer #7 · answered by Rein 5 · 0⤊ 0⤋
If you owned the house *before* you were married and given you have only been married for 6 months, he *will not* get the house or any part of it. You will get the house and he will get booted out of the house.
He is trying to imtimidate you.
I cannot stress enough, get a lawyer (very important) and he/she will ease your worries.
2007-10-16 10:08:03 · answer #8 · answered by Lisa M 2 · 0⤊ 0⤋
WELL MOST OF THE TIME, IN NC THE COULPLE DOES SPLIT 1/2. BUT SINCE YOU HAVE ONLY BEEN MARRIED FOR 6 MONTHS , THE MAY NOT BE ABLE TO GET THE HOUSE AND VEHICLES..
2007-10-16 10:05:41 · answer #9 · answered by wenwen 4 · 0⤊ 0⤋
no, its half of what you got after the marriage and even if he wanted one of the cars he'd have to make the payments... The court isnt going to tell you you have to support him
2007-10-16 10:04:02 · answer #10 · answered by sarah W 4 · 1⤊ 0⤋