Legal Question in Family Law in North Carolina

I am 10 1/2 months into separation from my wife. She has stayed in the home and I have been paying all bills and she is not on the deed or loan. How can I move back into the home to sell it?


Asked on 11/13/15, 7:53 am

1 Answer from Attorneys

I assume you mean just your legal options. If so, if she won't agree to what you want in a Separation and Property Settlement Agreement, you can file a Divorce from Bed and Board to get her out of the house - you may or may not also get to sell the house because even though she is not on the deed or loan, if you owned it while married she will have some marital interest in it so you may actually have to file an equitable distribution claim as well. Bottom line if you two can't come to a mutual agreement on your own - unless you are an attorney you are not competent to do any of this legal work on your own - it would be like trying to rebuild your car's transmission with a screwdriver and duct tape if you aren't a mechanic. So go consult with a local family law attorney you are comfortable with and who quotes you a reasonable fee. Keep in mind if you have to go the lawyer route, you and your wife are basically doing nothing more than paying strangers to make decisions for you that you two could likely have done fairly and for free your selves! (except maybe for the $250 it costs to have a Separation / property settlement Agreement drafted). Good luck!

Read more
Answered on 11/13/15, 9:00 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in North Carolina