My divorce has been finalized but the ED hasn’t been completed yet. Both my ex and I have moved out of the state. The only asset that there is to seperate is the proceds from our house that has already been sold. What are my options at this point for getting the funds out of trust? I don’t want to split them as I bought the house with money from my parents.
Where are the funds being held in trust? Do you have a claim for Equitable Distribution pending?
With regard to taking an unequal distribution based on the fact that your parents gave you money for the house, this argument will probably fail. Case law in NC suggests that if you invest separate money into jointly held real estate, you can no longer claim it as separate property.