House Sale Without Me?


#1

Dear hmason:

Greetings. Did you make a claim for equitable distribution?

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

I have only put foward a settlement offer through atty’s, which has not been responded to. I know that my ex-wife considers the house sale a “separate issue” from other aspects of a settlement, such as other parts of equitable distribution and child custody. She is apparently not trying for alimony, since she was pregnant by one man, then I discovered her with a second man, both within three months. My original complaint for divorce from bed and board is still out there, but this forum has considered that worthless, but her counterclaim asks for the works - post-separation support, alimony, atty’s fees, etc.

My atty has sent a letter saying that I do not agree to the sale of the home if the sale is not part of an overall settlement (of equitable distribution, I’m assuming, although I want everything in the agreement).

After the way my ex-wife trumped up domestic violence charges against me and had me thrown out on the street to try to cover up her pregnancy, it’s a shame she can get anything from me at all. I now know, from writings I’ve discovered, that she was unfaithful throughout our 20 year marrige.


#3

Dear hmason:

Greetings. You cannot file for equitable distribution if you have obtained a divorce. You need to hire a real estate attorney instead of a domestic attorney now.

Also, your wife cannot obtain alimony after the date of divorce, unless she filed for alimony prior to the divorce. Her adultery also cuts off her rights to alimony, as long as it occurred during the marriage.

Good luck.

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

Ms. Fritts,

Thank you for the reply. My wife sceduled a closing without me yeaterday, which I assume did not actually occur. I was aware that one cannot file for ED after an absolute divorce, however, as you may recall, I have a complaint still pending for divorce from bed and board, which was countered with a claim by my (still, at the time) wife for alimony, ED, attorney’s fees, the works. I am assuming that this means that she still has a claim which she can bring to court, although I would obviously drop my complaint if there is no further action that can be filed against me.

Lat week, my settlement offer, including an offer of ED on my terms, was finally countered. I have recountered this week. I am considering allowing the house to close, with the proceeds to go into escrow pending an agreement or, I’m told, a trial. I don’t know whether this means a hearing of my complaint/her counterclaim or something else that she might file.

I need clarification, so I will ask my attorney what happens if I refuse to accept any amendment of my last counterclaim. If I am now free of all action except my ex-wife’s claim to half of the marital residence in both our names, I can’t understand why I’m not being told that by my attorney.

Is it not best for me to hold off the house sale until a settlement is reached, given that I am willing to continue making the payments, as I have under a separation agreement? My ex-wife claims that I am not entitled to half the house payments or the shared credit card payments I’ve been making, since I have not been paying child support since date of separation. My attorney told me long ago that I can get half of these payments, and this is the major point of contention in current settlement negotiations.

It’s difficult to make decisions without solid counsel on NC divorce law, and without being able to predict what a judge may decide, as my own attorney acknowledges.


#5

Now I’m told that, although the closing never happened, my ex-wife vacated, cashed the $500.00 earnest money check, signed a temporary 7 day occupancy agreement with the next door neighbor (a realtor), and that he has been living in the house for almost a month. I am considering telling him that he must agree to begin paying my mortgage payments and reimburse me for the past month’s rent, or vacate. Can I go after his real estate license, and what other legal actions are possible against these two for contracting together without me?


#6

Dear hmason:

Greetings. First, if your wife filed a claim against you, you should have responded with counterclaims.

Second, you will have to speak with a civil or criminal attorney about liability of your wife contracting without you. I personally don’t think there is any issue with that, but another attorney may be able to assist you.

Finally, you have a convulted situation. One with a separation agreement, actions filed, and offers flying back and forth. You need to rely on your current attorney’s expertice and experience with your file. Thank you.

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.


#7

Many thanks to Rosen for this excellent Forum.


#8

I obtained an absolute divorce a month ago, but no issues have been settled. My ex-wife informed me that a closing date to sell the house we co-own is set for the end of this month.

I have put forward a settlement offer that includes sharing the sale proceeds, although unequally, due to other property involved.

I still have a complaint pending against my ex-wife for misusing a domestic violence order to have me removed from the marital residence in order to cover her illicit pregnancy (I had a vasectomy years ago), and in which all other issues are contained in her counterclaim.

Questions:

What do I do if I don’t want the house sold except as part of a comprehensive settlement?

How would it benefit me to sell the house and split the proceeds equally, leaving other issues unsettled?