If my wife left me 10 months ago but has not lived in our home since then yet has not removed anything, does she still have any claim to the belongings in the home or did she abandon them?

Her name is not on the house.

Asked on October 1, 2015 under Family Law, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

She still has rights to the home, the property, your marital assets and of course, would still be obligated on marital debts.  The exception to certain rules herein is that the argument could be made that your date you consider the marriage done with no hope of reconcilition would be the date the court could take into calculating which debts and income are separate property and not marital property.

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