We live in NC. The loan is in his name, we moved in this house new in 2002, been married for 12 years. He wants a divorce, I do not want to move, I need advice on how to buy him out..
The only way I know to buy anything from anyone is with money. You must be willing and able to pay him in cash, or its equivalent, his half of the equity in the home, and he must be willing to accept it. If you do not have both parts of that equation, it will be very difficult for you to simply buy him out. Regardless, as you read in the previous answer, there are many other issues that come along with divorce. I suggest you, at a minimum, consult with a family law attorney to make sure you understand those issues and make appropriate decisions. Good luck to you.See question
In 2010 I married a man in The Gambia. He changed his phone number and I have no way of getting in contact with him. I only stayed for 14 says and returned back to Raleigh NC.
Considering the only real information you provided is that you were only there 14 days, I will assume there are no other relevant factors, although there may be. However, based on what little you have provided I will go out on a limb and state that you are unlikely to be granted an annulment. You will more likely be required to go through the divorce process. You should be eligible to file here in Wake County. Your biggest hurdle will be trying to serve the divorce filing on your husband. Good luck to you.See question
Due to my stupidity and my Lawyer not making things clear. I currently have joint custody but, my ex wife has the tax dependency for both kids. I want to change the order so we both have equity in this matter. I can certainly prove with multiple, ...
If you are operating under a permanent child support order, you must first show a substantial change of circumstances when requesting a modification of the order. If your income numbers are accurate, you should be able to meet the showing of a substantial change burden. Once you overcome the substantial change it should just be a matter of running the new child support calculation. However, the tax dependency agreement is likely part of your child custody order. You would need to file a motion to modify child custody in order to request a change in which parent can claim the dependent care exemption. I do not have enough information to say whether or not you could meet that burden. Wake County offers self-help packets for motions to modify. You should be able to find those on the Wake County Courts website. However, I would advise you to hire an attorney to assist you.See question
My sons mom and my son were involved in a high-speed collision in which the car ran off the road and hit a tree. My child's mother was charged with DUI, misd. child abuse, unsafe pass yellow line and reckless driving in Johnston Co. She was not ar...
Having a child in the car is absolutely an aggravating factor. If she either pleads guilty or is otherwise convicted, she will be sentenced as a Level 1 DWI, which is not good. There is automatic jail time involved with a Level 1, plus the fines and fees, loss of driver license, etc. She may be able to have the misdemeanor child abuse charge drop if she pleads guilty, but if she goes to trial and is convicted, she will likely be convicted of the other charges as well. Do you have a child custody question?See question
A broken Engagement and I live in NC and she lives in GA. Can I legally ask for my ring back?
This is not typically an easy question to answer. As with most legal questions, the details of the case are of the utmost importance. However, generally speaking, if she called off the engagement, she should give the ring back. If you called it off, you may have a tougher time unless you called it off for good cause. Regardless, you are well within your rights to ask for the ring back.See question
In spring of 2015, my severely autistic son began experiencing a behavior crisis that rendered him aggressive and potentially dangerous. Wanting my daughter to be safe, I asked my mom to keep her. His psychiatrists and I weren't able to stabilize ...
I agree with the previous answer that from what you have stated, it is unlikely you will be determined to be an "intact family." You fail to mention the father of the child at all, which is an important piece of information.
In any event, your mother will need to show that you have acted inconsistent with your constitutionally protected status as a parent. From what you have said, I think it unlikely that that will happen. There is case law finding that there are situations where the parent made the correct decision to leave a child with a grandparent, and that it was in the child's best interest to do so. It sounds like you made a good decision to do what you did. That should not be used against you. Good luck to you.See question
I received a phone call from the local police department where I use to live (NC) stating they had a subpoena to serve me over the phone. And that the court date is in 6 days. I now live out of state 2,000 miles away. What do I do? I called the D...
You were subpoenaed to be a witness in a case. Service of a defendant cannot be made via telephone. However, Rule 45 allows a witness to be subpoenaed via telephone by the county Sheriff's department. While an order for arrest could be issued if you fail to appear, that is unlikely. As you are the person who phone in the larceny, it sounds as if you are the primary, and perhaps, only witness. So, if you fail to appear the case will likely be dismissed.See question
Hello, My husband was recently murdered in Raleigh, NC in a shopping center. He was a victim of gun violence. The suspects are now in custody, however, this occurred in broad daylight at 5:30pm and has been publicized on the local news channels...
This is not a domestic violence question, but rather a question of wrongful death. I have recatagorized your question so that you can hopefully get some good answers. In any event, it is doubtful you have a legitimate claim for wrongful death against the shopping center. As security personnel at shopping centers and other commercial properties are typically unarmed, even had a security guard been in the right place at the right time, it is unlikely they would have been able to do much against armed persons. Nevertheless, you should meet with a wrongful death attorney to discuss the full details of the case to see if you have a case. Good luck to you.See question
My husband is holding my property in storage and has changed the lock. How can I obtain my property from the storage. He is upset that I do not want to come back to our marriage. He has commited adultery and have to wait 1 year to divorce in nc. W...
If you cannot get your husband to agree to allow you to retrieve your property, you will need to file an action for equitable distribution, which is how the court distributes marital and divisible property for separated and/or divorcing parties. Fortunately you do not have to wait a year to file for equitable distribution. Once you have filed your claim for equitable distribution there are methods for having the court force him to open the storage unit for you and allow you to get what is yours. You may also need to address other issues such as spousal support, i.e. alimony, and child custody and child support, if applicable.See question
I am looking to get separation from my husband , this is my first time doing something like this, and I'm not sure where to go from here
All that is required to be separated in North Carolina is for one party to move out of the marital residence with the intent to remain permanently separate and apart. That is all. There is no requirement that anything be put in writing. However, you may have other issues that need to be dealt with, such as equitable distribution (property settlement), spousal support, and child custody and/or child support. These issues can be resolved via a formal, written separation agreement. If you are wanting to have a written separation agreement prepared please consult with a family law attorney.See question