Abandoned House

North Carolina Divorce Law Divorce and Separation Answers
1

Dear gregory:

Greetings. You need to find out if the divorce was granted to her in a court order or in a separation agreement. If you used an agreement, the agreement should contain all the answers you requested below. If you have a court order, you can immediately petition to the judge for relief.

If you don’t have an attorney, get one before you have to pay more money for anything else she has done. Your attorney will require copies of the documents you have settling the property issues with your wife. You may have a legal claim to the home, but I don’t know how everything was resolved - by agreement or order, and I don’t know what those documents say, so I cannot advise you accordingly. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

My ex-wife won our home during our divorce. I am in the military and had recieved a Veteran’s Administrative Loan to purchase our first house. Since the divorce, she and our children have lived there for one year. Recently she informed me that she was packing up the children and moving to another state and that she no longer wanted the house nor the house payments. When I investigated to find out if she had been making the payments regularly, I found that she was two months behind! Furthermore, in her rush to leave, major damage was done to the house and simple upkeep had not been done on it since my leavig. To put it midly, the house is a wreck!
I am willing to cut my losses and fix the house and simply rent it out, or sell it. My questions to you are:1. Will my ex still have rights to any profit I may gain from renting or selling the house?
2. Will she have the right to come back and take the house from me?
3. What documentation do I need to get and will this require a lawyer?
4. Do I have any legal claim to this home?

She clearly had no intentions on protecting an investment that was initially both of our. Now I feel like a fool and do not know what to do next.

Greg