Legal Question in Real Estate Law in North Carolina
My wife and her ex-husband need to sell the house my wife and I are living in, as one of the final issues of their divorce. He will get 50% of the equity. They are supposed to agree on all points of selling the house. It has been on the market for approximately a year and a half, without a single (even low) offer. Most of the houses on our street have been sold during that time. The house is priced too high for the current market. My wife and the realtor have tried to do price changes and incentives to make it more marketable. He has refused most everything to this point. Now, he has gone silent. He responds to nothing from my wife or the realtor. We think he may be using this method to annoy my wife, or get more equity, as we are continuing to pay the full amount of the mortgage payment. But, it is anyone's guess as to his reason. Is there a precedent, law, etc., that allows my wife to make the decisions if he refuses to communicate? Any other advice in this matter would be greatly appreciated.
2 Answers from Attorneys
Your wife needs to speak with her family lawyer who handled her divorce. The answer is no, not generally. Howeever, if the ex-husband is being obstructive, then it may be possible to get some kind of modification of the court order to allow the wife to deal with the property. Or, the property can be valued and the wife can buy out the share of the ex-husband and then she will solely own the house and can do as she wishes.
I agree with Ms. Hunter. The Court Order or agreement is binding, unless you can show he is beign completely unreasonable in his actions and in turn is violating the order himself.
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