Legal Question in Family Law in North Carolina

This question is a little difficult but I need to know what my legal rights are. Me and my wife are separating/divorcing. We are in the process of selling our house. We stand to make a decent amount of money each on the sale of the house. Our marriage has been over for a long time and we do not get along anymore. I am in the process of getting Uhal trucks and storage units but she doesn't want to do any work to move her stuff out. She is threatening to not go through with the sale of the house unless I either move her stuff out or have it moved out but she expects to get 50/50 of what is left over on the sale of the house. What can I do?

Asked on 10/17/18, 6:54 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

Here's the deal - it is only difficult because you are in the middle of it and that clouds your ability to see things clearly - this happens to everyone in your situation, so don't feel bad. To virtually everyone else on the outside (especially attorneys) your situation is cut and dry. You have two options: 1) work out something fair with your spouse and have that put into a formal written separation and property settlement agreement and you both walk away with the least amount of financial damage and can begin to start over. If you don't know what is fair - that's what attorney's are for. We can advise you what's fair and prepare a fully comprehensive separation agreement for you for a flat rate fee starting at $250 for most average couples. 2) if she refuses to be fair or cooperative, you will have to make a decision: 1) duke it out in court and you both can pay a crap ton of money to have strangers make decisions for you that you and your spouse likely could have made yourselves for around $250 or 2) bend over and acquiesce to her demands. That decision ought to be based on which it is more cost effective to you unless your judgment is so clouded that you think you can 'win' in a divorce. Once you decide to go the 'fight it out in court' route there is no winning and at that point, if what you are spending is more than what you are getting, then simple math determines the degree to which you are losing. Of course, some people are so far gone they just want their proverbial 'pound of flesh' and are willing to cut off their nose to spite their face - if that's you, there are plenty of attorneys just itching to have you make their BMW and summer condo payments. Choose wisely and if you'd like us to do your separation agreement - call us at (910) 333-9679.

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Answered on 10/17/18, 8:48 am

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