Legal Question in Family Law in North Carolina

Community Property

Is North Carolina a Community Property state? I have a judgement against my ex-husband in Pennsylvania. He (finally) married the women with whom he was livng. Does the ownership before marriage situation apply? In other words, does my ex-husband 'own' any property now that he is married and their home is in her name only? They also own many rental properties as well as attempting to start a contracting business.

I am considering trying to execute this judgement to get money for our (his only) child's college tuition. Is it hopeful?

Thank you. And if there are any attorneys in or near Cary who think they can do something with this $13,000 judgement please let me know. It would have to be a 'sure' thing so that the money spent would get some money in return. Even scaring him into paying some of child's college tuition would work. What think you?

Asked on 3/18/04, 9:21 am

1 Answer from Attorneys

Jim Griffin The Law Office of James L. Griffin
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Re: Community Property

NC is a community property state. If your X and his new wife bought their house together, regardless in whose name the property is in, you may be able to collect. Any property that his new wife owned before marriage is not subject to lien. While I, based on the limited information I have, cannot guarantee a successful outcome, I would be happy to provide further review and possible further action to collect. I live about 5 miles from Cary and do considerable business in Wake County. If you would like to discuss this further you can e-mail me at

jim-dot@ix.netcom.com

Thanks,

Jim Griffin

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Answered on 3/18/04, 11:28 am

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