Asked in Divorce for North Carolina

Q: Rights to Home bought while legally married?

I have been married since 2013. We have not lived together in sometime. No legal separation or divorce. He recent bought a home. Do I have rights to that? No papers were signed on my part at all.

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Amanda Bowden Johnson
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Answered

A: You may have some extremely slight marital interest in it but likely not enough to cause any real issues for him unless he dies without a will. Also, just so you know, there is no such thing as 'legal separation' in N.C. In N.C. one is simply either separated or not. In order to be what a lot of people call 'legally separated' all that is required is that you live in separate residences and at least one of you has the intention not to resume the marital relationship. Meet those two simple requirements and you are as legally separated as you ever will be. Also, it is not required that the intention not to resume the marital relationship be communicated to the other spouse - so it is possible to be separated and not know it.

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