ED & Selling the Marital home-kids under 18


#1

The house does not have to be sold, but each party will be entitled to receive half of the marital estate. If one party is living in the house with the minor children the court will probably not order the house to be sold, as long as the party living in the house can buy out the other party or there are sufficient other assets to transfer that can “offset” the equity in the house.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
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704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
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ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Question on Equitable Distribution and the Sell of the Marital home, with a child under 18 (15 1/2) living there- I have a friend who has been separated for more than 2 years and is getting ready to file for divorce. There is no custody agreement, but his daughter has been living mostly at their marital home, with her Mother. When ED is filed, will a judge go ahead and force the sale of the house so that the ED is split 50-50, or is there any way the soon-to-be Ex -Wife can continue to stay in the house since the child is under 18? When ED is filed and settled, isnt each party entitled to Half of the home equity? So does the law specify that the house has to be sold, or the wife has to pay her Ex his half of the equity? or can she somehow stay at the home without settling ED until the child is 18? Please advise. Thank you.