Force a House Sale?


Dear Hammer45:

Greetings. Yes, you can file a claim for equitable distribution and make a Motion for Interim Distribution. In the Motion for Interim Distribution, you can ask the court to force the sale of the marital residence and ask that she has to share in the costs with the home. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


My wife and I are now separated (I moved out last weekend). She does not have a job and can’t afford the house we bought, but she REFUSES to agree to sell it. As I understand the law in NC, we BOTH have to agree to a sale.

At this point I am making ALL the housing payments (the house and my apartment, plus all utilities), while she is living in the house for free. Isn’t there some way to either FORCE the sale of the house or force her to pay for some portion of the payment?