House

North Carolina Divorce Law Divorce and Separation Answers
1

Thank you for this forum because I cannot afford a divorce attorney. Here is my question:

We separated in March and put the house on the market in September. I am living in what was the marital home, where we are both on the deed and only I am on the mortgage. STBX refuses to list the property for fair market value in order to sell it. The realtor and appraiser agree on a listing price that is $20k less than the current price. At the same time, he is making unrealistic demands to me about how we split our investment accounts but has not filed anything around ED - just lots of threats.

Is it possible to deal with the house separately from the other assets? My ideal situation would be to get a ruling that he must agree to list the house for X, but for him to run out of time to file a claim for ED (since I can file for divorce in March). (sounds mean but there is a lot of history here).

Thanks!!!

2

You would have to file a claim for Equitable Distribution in order to invoke the court’s jurisdiction over the property. You could include a motion for interim relief to get the house listed at an appropriate price.

3

Once the interim releif is satisfied, can i drop the ED claim?

4

You can, but by that point your spouse will likely have filed a counterclaim.