Hi I’ve been divorced 12 years, my ex and I have property and a home in both of our names, he moved to another state and got remarried. Does anyone know what I need to do to get him to sell or something so I can get it out of his name, he has not paid any taxes or upkeep on the property in those 12 years, can I file for equitable distribution or is there something else I need to file for?
If your equitable distribution terms state that he is to sell the property or sign a deed or refinance the mortgage, etc. and he has not followed the terms of the equitable distribution agreement or order, then you will need to file a breach of contract lawsuit or contempt motion against him depending on what document your equitable distribution terms are in.
If your equitable distribution terms are in a separation agreement, you would need to file a breach of contract lawsuit against him.
If your equitable distribution terms are in a court order (including a consent order), then you would need to file a contempt motion against him (called a motion for order to appear and show cause).
If you never resolved equitable distribution and you are now divorced and no equitable distribution claim was pending at the time the absolute divorce was entered, you cannot file a claim for equitable distribution. You will instead need to file a petition to partition the property which a real estate litigation attorney can help with.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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