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  1. #1

    Default Does My Husband Have Any Rights to Assets Acquired Post- Separation

    My question involves a marriage in the state of: North Carolina

    Hello,
    I have been living separately from my husband for almost 10 years, but when I left him I did not go to a judge and have no documentation of being separated. Am I legally separated anyway? Is there any document I can ask for stating this? What is North Carolina's law regarding legal separation? There were no assets or property to divide at the time of separation and I have not used any marital funds to purchase anything since. Does my husband have any right to assets and property I've acquired with my own money since separating from him?

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Does My Husband Have Any Rights to Assets Acquired Post- Separation

    To begin with, you are still legally married to your husband because you never got a divorce. And you never got a legal separation to stop the clock on debts and assets. But North Carolina is an equitable distribution state rather than community property so it will be up to a court to decide, if and when you get divorced, to equitably distribute all the assets and debts of the marriage.

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