Greenville, NC asked in Family Law for North Carolina

Q: My husband bought our marital/family home prior to our date of marriage and I was never added to the deed or mortgage.

I was forced out of the home with our children due to constructive abandonment for domestic violence almost a year ago. However, we remained working on our relationship regardless of the disputes dealt with in court. Now that I have refused to drop my claim for child support, my husband refuses to have contact with me and has changed the locks and moved another woman in. He also refuses to support our family in anyway as well as maintaining a parental bond with his stepson whom is the only father figure he has known and claims him as his dad. Is it within my legal rights to hire a locksmith to enter the home to gather the rest of my belongings? He has his girlfriend contacting me to meet to collect them and is now claiming separation from when I was forced to move out due to the violent incidents even though we maintained a relationship throughout this time and cohabited both residents.

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3 Lawyer Answers
Melissa Averett
Melissa Averett
Answered
  • Chapel Hill, NC
  • Licensed in North Carolina

A: Because you established another residence, you could be charged with domestic criminal trespass if you return to the marital residence. But you do have other rights. You need to consult with a family law attorney in your jurisdiction to protect those rights.

Krispen Culbertson
Krispen Culbertson
Answered

A: Your husband owns the home, but any mortgage payments during the course of the marriage could constitute marital property.

It is a complex situation and you'll need to consult a lawyer.

Adam Bull
Adam Bull
Answered
  • Asheville, NC
  • Licensed in North Carolina

A: i suggest you contact your attorney and arrange a time to retrieve your items. payments made on the home during marriage which increase the equity may be considered martial so the asset is likely a mixed asset.

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