I was married in September 2019. We purchased a home in 2020. We were not able to use his information on the loan for the home because of some severe tax issues. Our realtor urged him to be put on the deed, even though he’s not on the mortgage.
In 2023, we opted to separate. We both hired attorneys but could not finish the separation agreement before he became unresponsive (as well as his attorney). So there is no separation agreement.
He has been gone from the home since October 1, 2023 and as far as I know is in another state. Now it is June 2024 and I still am not able to get in touch with him. I have found myself in a position where I can no longer financially afford the home and need to sell before I go under.
What options do I have if he is unresponsive? I have text messages saved where he said he did not want anything out of the house, but I doubt that holds any leverage in the situation.
If he will not voluntarily comply with signing a deed, then you will need to file an equitable distribution lawsuit against him and include a motion for interim distribution. You may need to serve him by publication if you cannot find his current address despite due diligence in locating it.
Once a lawsuit has been filed and served, you can set a hearing date for the motion for interim distribution and seek for the house and to be distributed to you in the interim along with a court order that he sign the deed over to you by a specific date.
If he is properly noticed for the hearing and properly served with the order and still fails to sign the deed over to you, then you can file a Rule 70 motion for a judicial deed. This is where a judge enters a court order directing the register of deeds to title the home in your name only. Then you can move forward with selling the home on your own terms.
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.
I just lost my job on Monday 6/11, so I don’t have the means to afford an attorney. Is this something I am able to do on my own? Are there any resources I can use to help navigate this? What are the first steps?
You can always represent yourself but this process might be tricky without a lawyer. Some counties have free legal sessions or family law clinics you could check out.
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.