Legal Question in Family Law in North Carolina
My husband and I have been seperated for 2 years, I am now wanting to sell our homes and land, we have a firm offer that is 35K over appraisal value. We actually have 2 homes, my mom and dad have a life estate on one of the homes that they live in. My husband is refusing to sign. We do not have a legal seperation. What legal grounds do I have? Also since my Mom and Dad have a life estate on one of the homes, if we do sell, will the property be divided into 3rd's? Thanks Rose
1 Answer from Attorneys
You can't sell without your husband. You can file an action in Court to force a partition, but you need to be divorced to do that. A property owned by a legally married couple cannot be partition.
As for your parent's life estate, it will be near impossible to sell it. Anyone you sell it to, will have to take it subject to the life estate, which will essentially make any perspective buyer go away.
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