I was recently distributed the martial home by a judge in Orange County, and will be splitting (mostly) the proceeds post-sale. Do I need to make any changes to the deed, or should I assume that the home sale can be completed without my former’s participation? It was/is a high-conflict divorce, and I would like to list the home soon.
Since the house was distributed to you, then you can do as you please with the home but your spouse will need to sign a deed conveying his/her interest to you. If the house was distributed to you but required to be sold in the court order, then you do not need worry about deeds because your spouse will be required to cooperate as needed with the sale on the home (in order to be compliant with the court order).
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
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks Anna. The house is scheduled to close this Monday, 5/20. My former spouse’s attorney has been dragging his/her feet drafting the ED order, and is now requesting that the closing attorney hold the proceeds of the sale in a trust until the ED order is signed. The only issue in contention are the costs that I have already incurred in readying the house for sale, which is less than $1000 dollars.
Does my spouses attorney have any leverage to request this, considering the judges spreadsheet clearly outlines how the proceeds should be distributed? Does the closing attorney have any obligation to honor this request?
Thanks.
Without a final (written) equitable distribution court order signed by the judge and file stamped, it would be common to hold the proceeds in trust until such an order is entered. If the judge only gave an oral ruling in open court, while binding, this is not enough for the real estate closing attorney to properly distribute the net proceeds.
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
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks Anna. We were able to agree on a partial distribution until we see the judge again next month.