I have been separated for over a year. I want to file for my divorce; however, I was advised that we have to settle issues with the house first. My ex lives in the house. My name is the only name on the mortgage. My ex is on the deed due to NC law. My ex changed the locks to the home a few months ago so I never go in it. My ex is refusing to help to pay the mortgage so we are now 7 months behind because the bank refuses to take my partial payments. The bank has agreed to consider a deed in lieu, but they must appraise the home first. My ex is refusing to allow the appraiser in the home. I asked for a police escort and the police advised me that they cannot force my ex to allow the appraiser in once we got there. They can only keep the peace. What are my options to get the appraiser n the home? The bank states they will close my file if I do not have the home appraised by Friday. The home will go into foreclosure at that point.
not an attorney
I am going through the exact same thing!!!
The only way to get in would be to get a court order, which would require that you file an action for equitable distribution. Once in the discovery phase, you could file a motion for access for an appraisal.