I am having difficulty with my spouse (Plaintiff) not providing documents to a refi lender to refi with a cash out for my portion of the equity. Both of us are on the original Deed and Mortgage. He has advised that he is not living in the house but stops by from time to time to check on the pipes in the cold weather. I suspect that other people are living in the house from what I am advised by an off duty police officer that is a friend. Spouse was given permission to have possession of the house back in 2014 when I filed a Restraining Order against him. The Restraining Order was only good for a year. He has been making the mortgage payments from 2014 and is current. Is there any remedy for me to go before the Judge to get this resolved? He has repeatedly refused to sign a Separation Agreement during these 8 years. I recently have prepared a Consent Judgment and Order for Equitable Distribution but have not presented it to spouse(Plaintiff) yet. It is unlikely that he will sign that either. Thanks.
If he is not cooperating and will not sign any settlement agreements, then you will need to calendar your claim for equitable distribution and have a trial so the judge can make the decision.
If he is not providing necessary financial documents that you need, you can serve him with formal discovery (i.e. requests for production of documents and things).
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.
The dicuments i am referring to are the ones the refi lender needs. Spouse (plaintiff) has failed to give documents to lender after 3 weeks and i am concerned he will never produce them.
If you have a court order or separation agreement, it will likely require the other party to cooperate as necessary in order for you to effectuate the terms of the court order or separation agreement (i.e. refinancing a mortgage).
If the other party refuses in this instance, then you have file for contempt (for court order terms) or breach of contract lawsuit (for separation agreement terms) against them.
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.
Spouse (Plaintiff) and I (Defendant) tried a private mediation with a mediator a year ago and we reached an impasse. Does the private Mediator need to file Form A)C-CV-827, Report of Mediator in Family Financial Case and is there a fee to file this? Only major asset is the marital house. Can I file a Motion to cover more than one subject in a single Motion? i.e. Can I file a Motion to Compel Sale of Marital House, Sale of Remaining Marital Furniture and Furnishings, and Return of Personal Property to Defendant all in one Motion? Spouse refuses to take the necessary steps to either refinance and/or sell the house for me to receive a portion of the proceeds and is rejecting any efforts to discuss this. His attorney has withdrawn from the case and I have been able to represent myself until this point. We have been separated for almost 10 years this May and the Complaint was filed by Plaintiff (spouse) in fall of 2019. Any help and direction would be appreciated.
If mediation was court ordered, even if you used a private mediator, the mediator is the one that files the Report of Mediator with the court. There is no fee for filing the report.
You can file one motion to compel that covers multiple things. Motions to compel are generally only used when a party has not properly answered all discovery served on them or to force compliance under any local rules (for example, local rules regarding disclosure of certain financial documents).
If your mediation was an impasse and no agreement was later reached, you will need to set your case for trial in front of the judge.
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.
The mediation was not Court ordered so does the Mediator even need to file a report with the Court? Could I file a Motion for Interim Distribution asking that the house be sold since Plaintiff has made no effort to either refinance or take steps to sell the property?
If the mediation was not court ordered then the mediator would not file a report to the court.
If no agreement has been reached and the issue of equitable distribution is pending, then you could file a motion for interim distribution to have certain assets distributed to you in the interim between the hearing on the motion and the equitable distribution trial date.
You should also calendar the issue of equitable distribution for a trial date so you can get a resolution.
Or you could consider submitting to a binding arbitration which is similar to court except that an arbitrator (a family law attorney) acts as a judge and issues a decision. This can be done much faster than waiting on a trial date and court availability.
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.
Sounds like you’re dealing with some tricky decisions about the house. When it comes to splitting equity, it usually depends on what’s agreed upon in the divorce settlement. If you both are cool with a 60/40 split, then that’s the deal.