You may need to file for partitioning. Or that’s what I’ve been told needs to happen if I get divorced w/o a SA&PS in place.
If both of you are on the deed, he cannot sell without your consent, unless through a court action.
I am remarried and my new wife is dealing with an ex husband in a similar situation. They own a home together. Their separation agreement states that equity would be divided as of the date of divorce. They didn’t have the home appraised professionally, but they did agree on an amount based on what other neighborhood homes were selling for. They put in the agreement that each would get $9k and share realtor and home repair costs for the home sale. The agreement stated that since she would be making all mortgage payments after the divorce that post divorce equity would be hers.
Now that she is trying to sell the home, he is refusing to put any money toward home repairs or realtor costs. He is also demanding a greater portion of the equity that previously agreed to. At this point, until he gets what he is demanding he is refusing to go along with the sale of the home - thus preventing us from buying a new one. It is very frustrating!
Before I can answer your question, I need to know if your attorney preserved your claim for equitable distribution prior to the date of the divorce was granted. If he did not preserve this claim, then the only way you could divide the property would be to file an action for partition. I do not deal in this are of the law and could not advise you as to how to proceed, or as to how the court will handle your post date of separation efforts to preserve and increase the value of the property.
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
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I was recently granted a divorce.Due to my ex-husbands refusal to cooperate,we had no formal separation agreement. He now refuses to cooperate with signing a quit claim deed or signing to allow my assumption of the mortgage unless I “buy his signature.” He has also stated that he will sell the house without my consent.There was no equity in the home at the time of our separation,I have made all mortgage payments and also am paying several thousand dollars on new heat and air units.The attorney that I paid up front to take care of all this will not return my calls.(my guess is that since the divorce was granted thats the extent of his assistance for my fee)