My spouse and I have been separated for just over 1 year, we listed our house (house is in NC, both of us are local but no longer living in the house) to sell in July but unfortunately it hasn’t sold yet. When we initially bought the house, we were not married and bought it as Joint Owners with Right of Survivorship. Before we got married, I contacted the closing attorney and asked if our marriage impacted anything related to the deed/ownership of the house but never heard back and we just got married without getting an answer to that question. We have a notarized separation agreement that spells out how the proceeds from the house are to be divided when it does sell. Can we get divorced without selling the house?
Yes, you can get divorced even if the house has not sold yet as long as equitable distribution, (including the terms and provisions regarding the sale of the house, distribution of retirement accounts, bank accounts, and other assets, etc.), are finalized in a separation agreement or court order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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