After 62 years of marriage what should my 82 year old mother be entitled to?

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After 62 years of marriage what should my 82 year old mother be entitled to?

My father (93) has always been an unreasonable man; a bigot really. Be that as it may, I believe he is trying to destroy as much as he can of my mother’s life before he passes. His father before him did exactly the same to his mother (my grandmother). He has kept her in the dark all these years regarding all financial matters and now seeks to separate and ram a financial deal through which on the face of it seems unfair.

Asked on September 20, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Oh my goodness.  She is entitled to every bit of every thing that he has or has acquired during the marriage as far as I am concerned.  Anything earned or purchased during the marriage is marital property.  Anything.  Regardless of whose name it is in.  The only caveat I have for that is that separate proproperty that he has managed to keep separate (such as an inheritance) and with out showing a clear intent for it to become marital property remains separate property.  Now, only certain property is considered separate and after these many years and unless he has been a shrewed one all of their married life I would think that there is little that may not be deemed marital. North Carolina distributes marital property "equitably" not equally as in community property states.  But at this point in time she should be getting half of everything.  And have her ask for spousal support.  Good luck.


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