Frequently Asked Questions About Family Law In North Carolina

1. If I move out do I give up my rights to the marital home?

ANSWER: Usually I am asked this question by the spouse ending the marital relationship and who does not want to give up their economic interests in the marital home. The answer to the question is NO. Moving out does not surrender your ownership interests or your share of the equity, if any, in the marital home. There is a consideration though as to who has the RIGHT to possession of the marital home until the final division of the marital property. Often times the person who moves out of the marital home will find themselves forced to live elsewhere during the period of time between separation and division of marital property, and with no or very limited access to the marital home.

2. I have been married for twenty (20) years, my spouse has not worked for the last ten (10) years, and I have been the one paying the bills, setting aside money for retirement, savings, and buying property.

a. Do I have to pay support to my non working spouse?

b. Does my non-working spouse get half of everything that I have worked so hard for over the last twenty (20) years?

ANSWER:

2.a. Paying Spousal Support. Generally, if you have been the supporting spouse and the other spouse is financially dependant on you for maintaining their standard of living you will have to pay

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