Dividing Property/Dividing Debt


#1

I have several questions regarding the division of real property and division of debt when it comes to NC divorce.

My spouse is self employeed, I am a stay-at-home mom of 4 young children. My spouse owns land, several pieces with partners. The partners have a LLC formed. All of this property was acquired after our marriage. Can he legally sell this property without my knowledge or consent? We are in the process of separating- and I believe he is trying to have a fire sale, pocket the money and stick me with HIS debt.

I do not know if I can file a lis pendens now or if I have to wait and file a law suit first. He has recently moved back into the house and refuses to leave.


#2

If you are both living in the home, then you are not separated. One of you will need to leave the marital home to be considered separated.

Any property aquired after the marriage date is considered marital property. If he has partners on the land aquisitions then I’m not certain that he must gain your consent or knowledge to sell. However, his portion of the profit of land sale would be a divisible asset.


#3

You must have an action pending in the court in order to file a lis pendens. The lis pendens is notice to the world that certain property is subject to litigation, and therefore actual litigation must be pending before the notice can be filed. If the property is in the name of the LCC it can be sold without your consent, but you are entitled to share in the proceeds your husband receives, or any increase in value attributable to the business as a result of the sale.
Stepmother is correct in saying that you must be living in separate residences before an action for Equitable Distribution can be filed.
If your spouse will not leave, you may leave AND take the children with you.