Legal Question in Real Estate Law in North Carolina
partition of property
My son recently divorced but never signed a separation agreement over the family home. His ex is living in the house and making all the payments. He paid the down payment but has not made any payments for over a year. If he waits a couple of years for a better real estate sales environment, and makes no payments, will he get half the equity after the partition sale?
1 Answer from Attorneys
Re: partition of property
It depends on different factors and a review of the relevant details. The wife may be able to reduce the amount he would get by the amount of payments he owes and other expenses as well. Maybe your son would have a similar claim for half of the downpayment but that can depend on different factors as well. You may want to consult with a domestic attorney.