In North Carolina, when a woman gives birth to a child while married to a man, the man is legally the father of the child. It doesn't matter that the man and the woman are separated, only whether they were legally married. A man who doesn't believe he is the biological father of the child... Read more »

In North Carolina the requirement for divorce is that parties must have lived separate and apart except in rare circumstances. It requires that only one party needs to have had the intent to live separate and apart. To contest the divorce you would need to show you have not lived separate and... Read more »

It all depends on a lot of factors. Based on the facts you've given, the answer is not a definite YES or NO. Consult with an experienced family law attorney, so they can ask you a series of questions, and based on your answers, more questions, and based on your answers, you can get a more... Read more »

Seems like the answer could depend on when the business entity (if there is one) was actually formed. If it wasn't formed (created) with the Secretary of State until after you separated, then there is an argument that the business wasn't marital. However, if that is the case, then you... Read more »

I would need to review the deed to the house to give a definite answer.

However, it is likely that the house is in both your names and you and he own it as tenants in common. He is allowed to live there rent-free, but he is responsible for 50% of all expenses, taxes, utilities, hoa fees,... Read more »

Sure. There is no requirement that both actions are handled together. However, I do question why you haven't been divorced yet. Many family law attorneys offer a "flat-fee" divorce package that isn't too expensive. Alternatively, you can attempt to file it yourself.

Wouldn't be great, but it largely depends on what claims are being raised, and on additional facts (how long have you been separated, did you know this person before you separated). If there is some suspicion that you were being unfaithful on your spouse, this new person moving in will... Read more »

In theory, if there is no property, alimony, debt, children, etc. to argue over, one spouse would move out and you'd file for divorce after one year of living in separate homes.

In practice, many spouses claim they have no property and this is never the case. Almost everyone has at... Read more »

You are both entitled to live in the marital home, regardless of whose name is on the mortgage, until a court orders otherwise. Emotional abuse is not an actionable legal claim. If there is "marital misconduct", such as violence (or cheating) though, especially if there are medical... Read more »

I typically attach a copy of the separation agreement at the end of the initial divorce filings as an FYI. However, most separation agreements are private contracts between the spouses that do not involve the court directly. That is, unless your agreement requires "incorporation" or the... Read more »

Your husband is entitled to:

(Home's current value - home's date of separation mortgage debt) / 2

That is, presuming (a) you didn't sign a separation agreement to the contrary (b) you lived in the home rent-free while paying the mortgage (c) the mortgage payments you... Read more »

You can do it anytime - if the parties agree then it is the best practice to go ahead and get the full agreement in writing and have it formally executed (a Separation Agreement). Then you can just wait for the one year and someone can file for divorce.

It would seem that these questions should be directed to your current attorney. That said, if I was representing your husband I would certainly make sure that your buyout reflected the current value of the home.

The gain in value of the home since the date of separation (through passive... Read more »

It would be best if you were divorced by the time you have to apply to remove the condition or soon thereafter. There is language that can be used as part of the divorce to improve the chances of your removal of condition being granted so I would recommend you consult with a family law attorney who... Read more »

Without seeing the deed it is hard to know for sure, but he does not likely have any real claim to it.

Generally speaking, should you die before him, he can assert some claims under NC law and he would have to sign any deed should you sell the property. And in a divorce, his claims would... Read more »

In North Carolina, there is really only one type of divorce -- "Absolute Divorce." However, when someone files for divorce, child custody and child support aren't automatically included. Also, the appropriate place to file for child custody or child support typically depends on where... Read more »

Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.

I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.

They shouldn't be able to, unless her name is also on the deed. From your question, you indicate that is it "my" house so it doesn't seem like she is an actual owner.

Decent bit to unpack here.

You used the term "separation agreement," but also mentioned that you would "file" this document. A separation agreement is a contract between spouses, and typically isn't filed with the court. As it is a contract, the parties can agree... Read more »