ED (Equitable Distribution) Payments Received

North Carolina Divorce Law Divorce and Separation Answers
1

Generally, when a court enters an ED award they would order the property to be dealt with within a reasonable time. I would suggest you propose putting some period of time in there within which she is required to sell the home or buy you out.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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2

Is it possible to receive Equity agreed upon in our ED prior to the sale of the house if she still lives there, is able to maintain residence and pyments herself, and has our child there as well. I wanted nothing from the divorce in ED except half the equity on the house we built together. Her consent order stated “upon sale of the residence.” That could be years down the road right? Can’t I request that the sum of the equity owed to me be paid prior to the sale of the residence. In addition there is nothing in there about not being responsible for either parties attorney fees. Shouldn’t I put that in there as well? Please advise. I am going at this alone. Attorney was too expensive. i mean she is keeping all the furniture, the house, all other gifts from teh weeding 5 years ago, the vacation property in florida. I that too much to ask for a lump sum up front? Or Should i ask for all of the equity in the house (approx. 10K)?

D. L.