If the Agreement requires your Husband to sell the house in a certain period of time and he has not done so. You can sue him for breach of contract and ask that the court enforce the contract. If there is no specific time period in the Agreement in which he must sell it, you may be stuck waiting until he decides to do so. There is no way to answer this question fully without reviewing your entire Agreement.
If you are not happy with the progress your current attorney is making, I would request a copy of your file and set up a meeting with another attorney to get a second opinion. It does not normally take two years to resolve these issues, when the two of you have already agreed on your property, custody and support issues.
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
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
I served my husband with divorce in May 2005. I have paid over $4000 to an attorney for a North Carolina Divorce and Equitable distribution of property. As of today, June 13th, 2007 I have received copies of two letters that my attorney has sent to my soon to be ex-husband. I have also spoken to my attorney and his assistant maybe 15 times (over the last two years) trying to figure out what is going on and what we are doing. I keep getting told this process is difficult and that my divorce (which is uncontested) will be “no problem”…
Each time I call I am told it will be 30 days and I have been hearing that for the past 9 months. Each time I call, I am billed again. My retainer was for $2500.00 and now I just pay as I go because every month it is another $200.00 or so and NOTHING has happened. I do have a signed separation agreement, but that was completed by myself and my soon to be ex back in August 2005.
The big problem here is that we share a house together that has about $250,000 of equity in it. My separation agreement has me receiving $145,000 out of it once sold and keeping the two minor children. He receives the rest + all of our other property (the rest of the equity, another parcel of land, and the house hold furnishings + 3 other vehicles). This was agreed upon in August of 2005 and no one has forced him to sell the house. The big problem is that the loan is in my name ONLY and I can not purchase another property until that loan is closed. No one seems to care and my attorney has done nothing. At this point my soon to be ex has basically laughed at me because he knows that he’ll be able to live in that house until he decides he wants to move - because, according to him… my attorney is a ghost!
Is this true… can my ex just squat in this house forever? Can I file a motion to the courts myself and force him to sell the property? This is over two years running? Is this normal for these things? My soon to be ex is living in the hosue that I had built. I put down the 100K that kept the payment so low. The loan is in MY NAME ONLY. I have my children and we are forced to live in rentals until I can get that house sold. He only pays me $425.00 a month in support (I work full time - health care) and he has always been paid under the table. Although, I have just learned this month that he bought and opened up a restaurant. He can go out and start business ventures and live in my house… and I have to rent an apartment, pay daycare and health care and live paycheck to paycheck.
Oh by the way… our uncontested divorce is without fault. I left him because I found out he was selling drugs out of our house behind my back for several years. I demanded he stop and he refused. I took the children and left. I refused to be part of that and now I am paying dearly for it. Thanks legal system! At this point I have to work 50 hours a week just to survive - and my attorney fees were paid instead of getting my older daughter braces… and I have never even been to a court house yet. Is this the way the legal system works?