Force me out of the house?


#1

Hello iamconfused:

Let’s clear up some of that confusion.

  1. He can force you out of the house by asking the judge to force the sale. Yes, the court can order that you both put the house on the market, but the judge would be bond to a fair price (which could be the average of three appraisals or just one appraisal). This can happen shortly after the claim for equitable distribution is filed through a motion for interim distribution (which means a distribution of marital property to one spouse or the other prior to a final distribution).

  2. No.

I hope that helps!

Janet L. Fritts
Attorney with Rosen Divorce
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
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

Janet - THANK YOU for your help. I am so glad this forum exists for me and the many others that need help!!!


#3

You are welcome!

Janet L. Fritts
Attorney with Rosen Divorce
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
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#4

Hello Janet - this is a great forum! My soon to be ex and I have been separated 6 months - he is living in an apt. We are close to signing separation documents but whenever we start “discussing” items, he gets angry and starts telling me he can force me out of the house and that I can live elsewhere. I think he doesn’t have his facts straight. I did ask him to leave the house and find an apt due to his anger issues and he did, but not forcibly. As long as I continue to pay the mortgage on the home he can’t legally force me out can he? We are planning to sell our home soon.

Also, I told him I won’t agree to sell the house until he signs a separation document. We are fighting about the buy-out price - he is trying to low-ball me so I walk away with NOTHING (I don’t want the large house). So - the question…
(1) I know he can force me to sell the house through a judge, but what is the timeframe - at time of divorce (in 6 months), or once he gets his lawyer to do the paperwork and we get a meeting in front of the judge? I don’t want to sell him the house unless I get what I believe is a fair price (average of 2-3 appraisals on home). I am already having to pay HIM to get out of this divorce.
(2) Can the judge FORCE me to sell the house to him?

Thank you.