AmI entitled to 1/2 of the proceedsregarding a vehicle insurance claimif my wife and I areseparated?

Get Legal Help Today

 Secured with SHA-256 Encryption

AmI entitled to 1/2 of the proceedsregarding a vehicle insurance claimif my wife and I areseparated?

My wife’s car was wrecked and will be paid off by the insurance company with $4000 extra. We are separated but do not have paperwork. The car has my name on it in all aspects and I pay half of it. We split all of our household goods and banking prior to this.

Asked on February 23, 2011 under Family Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

You should double check this with an attorney in your state but if you have no formal agreement as to assets and you have no division by court order, plus technically you are still married and not legally separated, you should share in the excess proceeds.  It is a marital asset even if your name alone is on it, if it was purchased during the marriage with marital funds. Now, you can decide how you split the money between you if you so chooses and you can split it 50/50.  North Carolina is not, however, a Community Property State so things are not divided equally but equitably.  So if you can not decide and a judge does it for you you may not get half.  Good luck to you. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption