Business was started before we were married.  We sold it after 15years of marriage and invested the money in joint properties.He now claims I have no right to those properties. The divorce is because of his adultry.  I am 60 yrs old and do not work out of the home.  Does anyone have any experience with this realestate law.  We live in North Carolin where I am entitled to 50% of all assets.  My attorney has not had any experience in this type of distribution, although she is a very agressive lawyer, so I am a little concerned. Thank you for any help you can give me in this problem.
210774
ask her to recommend a realestate lawyer that can assist her or try another lawyer because of his infidelity I would think you would be awarded more than 50% don't know the laws in NC but it doesn't hurt to get a 2nd opionion
110774
Well, I will first off give my opinion. I have helped a few female friends with divorce. For either party to try and take more then they actually deserve is complete and total BS. People tend to try and screw people over for some sort of revenge. Fact is, you both are going to be happier apart so how can you put a price on your happiness? \nAs for as legally... If the seperating is one that was done legally then nothing from that point on can be divided up. If it wasn't then everything is in the open for attack. However, if you've been seperated for that long... Why in the world would you want to take things that you truly know deep down you have no right to take. I say, you split whatever it was that you two aquired while you were together. That is up to the seperation. After that you dont really have a right to anything else. Do you feel he has a right to your things since the seperation. If so then everything on both sides should be split down the middle. If you cant come to some kind of agreement... All assets should be sold, money made should go to pay off debt collected as a couple and whatever is left if anything should be split evenly.
608022
Before removing your self from mortgage, why did you leave the property?\nGo to a lawyer and take his advise pronto.
393474
Unfortunately, if it wasn't written in the divorce decree, I don't think you'll be able to get anything from it. Remember, he is your ex, which means you have no ties to his pension. I know about this because of my divorce. Everything, including my pension, that was of value was put into my divorce documents. It also stated that from this point forward, everything was separate. Sorry to be the bearer of bad news.
530194
The answer would depend upon your state laws.  Please check with an attorney in your state.
103505
Through right of easment, no.  When it comes to land and real estate it falls back onto the zoning plans.  what does the township have on the books, as to where you land ends and begins.  That of course is obvious but your neighbors argument can be that, you always maintained it, doesn't infer that i chose to give it up as my property.  Unless he wants to restructure the lot size and hand over that strip to you.
237904
Nisha, you are in singles and dating. I think you will get much better advice if you put this question in             (business and finance/ Real estate). I think he forfeits the money,but find out first legally, then keep it if you can!\n I wish i could help. Good Luck
255000
I read the rest of your other question and you definitely need an attorney asap! Your attorney can find out who her attorney was by a click of the mouse. Your lawyer can put in an order to have EVERYTHING frozen until you guys go to probate court. It is a really long process it can take years sometimes, but he will be ordered not to do anything with any of her property or else he will have to answer to the court. Also, if he sells any property before any paperwork can be filed, your people can find it. We are going through a similar situation and the judge has seized everything from this family member and there is at least 36 million sitting in an escrow account waiting to be disbursed. They had bought houses and property for their own kids and they have tracked down every financial move she has made over the last several years. This has been in court for around 3 years now. No matter what type of property it is, probate court always takes time.
752
You might have a hard time.  Regardless of your marital status at the time of signing you could still be what is called tenants in common.  Any two people can be tenants in common.  Go back to your original contract and read what it says.  If it names both of you and both of you agreed then you are probably tenants in common.  Each having half undivided interest.\n\nBut this also means she would be responsible for half  of anything like taxes, mortgage payments and any other expenses with the property.\n\nAbout the only claim you can make to the property would be adverse possesion in he half interest but it might be a stretch.\n\nBut after 25 years of no payment of duties it might equal her half interest anyway.\n\nI would ask for accounting and partition....but see a lawyer.
596969
Run Run away.  This sounds like a disaster waiting to happen.  This has all the signs of being a future lawsuit against both the business partner and your husband, by the girlfriend.  You have answered your own question.  This women is not trustworthy so why put your business and your money at risk.  Say no even if you have to dissolve the partnership.  You will be better off financially and stress-wise.
415778
Go back to Court immediately and file papers (if you don't have an attorney, either call Legal Aid or ask the Clerk of the Court -who cannot give you legal advice, but CAN guide you to the correct forms to file) to bring the violation(s) of the Court Order to the attention of the judge for a ruling. Violations of a Court Order are Contempt of Court, and I have yet to meet a judge who takes these lightly (and I have met a couple, through similar situations caused by my ex). The Court does not feel warm & fuzzy about individuals who thumb their nose at the Court's authority. Until you take steps to get these matters brought back before a judge, your ex will continue to act without impunity. In the meantime, while you are waiting for a court date, take steps to protect your share of the community property, by making everyone (like banks, credit agencies, mortgage companies, etc.) aware of the Court's original ruling, in an effort to reduce your ex's chances of disposing of the property without your knowledge or permission. Good luck with this. Vindictive and unethical ex's can be very creative and resourceful. My ex even disposed of NON community property, when he got a hold of our daughter's house key, let himself in while I was out of town, stole my grandmother's hope chest and the hand-made quilts she had made which were in it, and sold them to a no-questions-asked dealer. I was unable to prove anything (it was all supposition and circumstantial, without witnesses) - and lost everything. DO NOT remain passive about this. You must act to protect your interests NOW.\n\nIf the vehicle is long-gone, the Court will likely not only find your ex to be in Contempt (and subject to fines and/or jail time), but will likely also order your ex to pay you at least half of what he sold it for - which he must prove. You should try and track down the paperwork pertaining to the sale, as best you can, to bring with you into Court. You should also consider getting a subpeona served on the person he sold the vehicle to, to force them to come into Court and testify as to the circumstances surrounding the sale. This person will likely be viewed as a hostile witness, but they WILL have to testify - unless THEY also want to face contempt charges. \n\nTaking these actions will send a clear message to your ex that he has rattled the wrong cage. Be diligent and persistent. You are not doing these things to "get back at" your ex. You are doing thse things to protect your interests.
515671
Depends upon what state you live in. Not all recognize common law marriage. I think you are sunk if he can come up with reciepts showing properties are in his name. You may want to check out the web site below. Much luck.{ I came back to your question because it was really bothering me. }
66809
hey there white rabbit,  I am studying to become a lawyer and I know this answer.  It really depends on who's name is on the mortgage/deed for the house, if both of yours is on the deed/mortgage then 50% of the house will always be yours.  If it is just your significant other's name on the house, if you leave that house under a legal separation and not divorce after 90 days the marital domain will be terminated and you will lose your rights to it.  I SUGGEST THAT YOU GET A LAWYER RIGHT NOW!!  i bet your spouse is trying to sneak one by you. You do not need to tell your spouse you are talking to a lawyer but get advice now, it'd cost like $100 to talk to a lawyer for an hour and many specialize in this sort of thing.  GET A LAWYER NOW!  It may be better off getting a divorce by the way...
166649
So he doesn't have to pay what? The money for buying your share in the home? \n\nDivorceNet.com says: "Basically, the family court will not split up the family home, divide pensions, and apportion any stocks or mutual funds until it receives permission from the Bankruptcy Court."\n\nALSO\n\n". If my husband files for bankruptcy can I still enforce the terms of the divorce judgment?\nThe Bankruptcy Code recently made non-support obligations created in connection with a divorce or separation non-dischargeable in Chapter 7 if the discharge of the obligation would harm the non- debtor spouse more than it would benefit the debtor. 11 U.S.C. § 523(a)(15)." \n\nFROM  www.uls.state.ut.us: "Can I Get Rid of All My Debts?\nNot always.  A bankruptcy generally will not rid you of debts for child support, taxes, alimony, fines, and many student loans, as well as debts incurred by fraud or malicious injury.  Under some circumstances a debtor can be denied discharge of all his debts as opposed to certain specific debts.  If this happens the primary reason for filing bankruptcy is defeated."\n\nThere is more for you to read at each site listed below. But from what I see he won't be able to stiff you on what he owes you for your part of the house. Make sure you discuss this with your divorce attorney asap! You need to be sure he can't screw you over like this.\n\nI pray you get the money you are due and that he gets a kick where it counts. God Bless!
404520
I'm not sure.  Speak to a lawyer about that.  Good luck!
395282
It depends on a number of factors.  If your husband purchased the property prior to your marriage and no "communal" funds have been used for it's upkeep or maintenance than you have no right to the property via your marriage.\n\nIs your husband mentally competent ?  The POA (depending on it's wording) can give the son a broad array of rights regarding the property up to and including the right to sell or encumber.  I ask about his competency because it is one of the ways to challenge the authority given by a POA.\n\nIf your husband intends for you to have any benefit from the property than he should spell those rights out in a Last Will & Testament and seperately in a marital agreement as to the division of assets.
546626
Was the house bought with money accumulated during the marriage, an inheritance or some outside source? Also, it depends on the state in which the divorce was filed in because each state has its own property division laws in a divorce situation. In the end, you should consult your attorney for further information. Just in case, I have provided information for both states on links.