Bifurcated divorce - property division


#1

My husband and I have been separated right at a year. The mortgage on the house, which he is living in, is solely in my name. I would like for him to get it refinanced into his name and give me my part of the equity only. I am not sure that he can with his credit so at that point he would have to sale and he says he will not do that. I do not want to wait until this is all done to get my divorce because who knows how long it may take to sale the house. Can I get a bifurcated divorce on my own with your online forms?


#2

Yes, but when you file for an absolute divorce you will also need to file for equitable distribution. If you do not, and the absolute divorce is granted, then you will be forever barred from having the courts divide the marital property. As long as you have an equitable distribution claim pending at the time the absolute divorce action is granted, then you can go ahead and get divorced.

In the meantime, you will need a binding separation agreement or equitable distribution court order in order to force your husband to either refinance or sell the marital residence. Otherwise, he will have no legal obligation to do either. A family financial mediator may be able to help you and your husband reach an agreement in less time than it would to take for a judge to hear the issue in court.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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