Wife left to France and said she is not coming back. She inherited a large sum of money there and I do not want it. I only want to keep what is here. All assets here are in my name only. We were married 28 years and residing in NC for last year.
Once you have been separated for 1 year, you can file for divorce. If she does nothing between now and the time the divorce decree is entered, each of you will be able to keep whatever is in your respective names. If you own real estate together, however, you will both still own the real estate after divorce. You may want to go ahead and enter into a Separation Agreement which formalizes everything now (including what will happen to real estate, retirement accounts, etc., so that neither of you need to worry about anything later. Then, all that will need to be done is the filing for absolute divorce.
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Assuming that she does not change her mind and fight you in the divorce, then yes. The best thing to do is get with an experienced family law attorney to review all of your facts and papers.
This answer is not legal advice, and does not create an attorney - client relationship. This answer is for educational purposes only.
I agree in principle with the other attorneys. The best thing you can do to protect the assets you have here is to get her to sign a Separation and Property Settlement Agreement while she is willing to do so, and release any claim she has to your assets and you release any claim to hers. Whose name is on the title to the asset does not always determine which spouse gets it (or part of it) in an Equitable Distribution proceeding. She or you could request that at any time before a final divorce decree is entered. Then a Judge will end up determining who gets what based on factors to complicated to discuss here.
Get a a good attorney who understands Equitable Distribution to draft you a Separation and Property Settlement Agreement and get her to sign it while she is willing. Things may turn "south" for her in France, and she may come back with a different mind-set. Who knows?
DISCLAIMER - This posting is not intended to and does not create any attorney-client relationship, and is not intended to and does not constitute legal advice to any individual. It is posted for educational and informational purposes only. Any individual reading this should consult with a qualified attorney before taking any action regarding his or her own personal situation.
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