Divorced, No ED

North Carolina Divorce Law Divorce and Separation Answers
1

In 2008 my ex moved to another state with another women, so I filed for divorce pro se, and was granted the divorce a little over a year ago. Our home and a piece of property that is seperate from the home is in both our names, I didn’t file for ED because I thought I could get him to sign it over to me since he moved out and had someone new in his life. It has been 3 years and I still can’t get him to sign anything. I have been paying all the taxes and upkeep on both properties, he has not helped in any way. I have had a couple of people tell me different things and I would like to find out if they are possible or not.

  1. After 7 yrs is it automatically mine?
  2. Someone told me to hire a lawyer and get the lawyer to demand payment for half of the home and property within a certain amount of time, and if he didn’t pay that amount, forclose on it. Is any of this true, if not can you tell me what I need to do, I don’t want to sell.

thank you

2

  1. No.

  2. You two will continue to legally own half of the house, together as tenants-in-common. If he were to try to force a sale, his only remedy now since he cannot file for ED woud be to hire a real property attorney and possibly seek a judicial partition. A Quiet Title action may be applicable to your case, but a real property attorney would best be able to discuss with you your options in that event. If you are concerned about him seeking a partition, please contact a general civil attorney as they routinely handle matters such as this.