Greedy X sold home behind my back


#1

My understanding is that if a house is listed by a Realtor to sell, and the house is deeded to both parties, then BOTH parties must sign the listing contract. I do not think there is a way around that.


#2

Thanks for the reply. The house was actually in only her name. But our divorce papers state that when our daughter turns 19 yrs old (which was in Nov of 06) the house will be placed on the market for sale with a qualified realtor. The parties agree to divide the net proceeds from the sale of the marital residence with each getting 50% after deduction for realtor’s commission, pay-off of the 1st mortgage and any other miscellaneous deductions on the sale of the residence. Again, can she just walk away from this too? I think I am entitled to my half from the sale.


#3

If it is court ordered then you are entitled to 50% and need to go back to court ASAP!


#4

You have legal options; if you have a contract then you will need to sue her for breach of contract and ask the court to order her to pay you the fund she owes you under the Agreement, if you have a court order, you will need to file a Motion and Order to show cause and ask the court to hold her in contempt for not following the order.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

X sold material home behind my back. The Divorce papers state that when the home is sold it will be split 50/50. I have learned that she has purchased a new home and put it in her father-n-laws name. Can she get away with this too? Would’nt the listing realitor or bank have checked to see if any other parties were involved or linked to this properity? What are my rights now? Will I be able to sue her as well as the Listing realitor? Thanks for any help…