Legal Question in Family Law in North Carolina
Property my ex husband and I own
I got my divorce finalized sep 2005 we created a settlement agreement in which he was to refinance the house we both own at the new appraisal value and use the money to pay off mutual debts and then I would recieve the remainder. He was not able to do so and when pushed for us to sell he refused so I agreed to give him another year to build his credit and remain in the house till he could buy it. after that he stopped answering my calls and I was unable to hire a lawyer and follow up due to health issues. I am wondering if it is too late to force him to sell the house.
1 Answer from Attorneys
Re: Property my ex husband and I own
No, if this arrangement which you've described was part of a property settlement agreement(contract) which was incorporated into your final decree of divorce, it remains enforceable as part of this continuing contract and the person who is now allegedly in breach of the contract(ex-husband)can be summoned into court on a Rule to Show Cause(as to why he should not be found in contempt of court and sanctioned accordingly).