I don’t think you’d be able to recover monies lost, since from what you’ve posted, your husband had nothing to do with your choice of whether you placed an offer on the house or not.
If he somehow manages to get a divorce from bed & board, he may be able to force you out of the house. I don’t know whether a divorce from b&b would be granted, since you are no longer resident in the marital dwelling.
You probably will not be able to recover the money you lost when you could not close on the property. He is not under any legal obligation to allow you to purchase a new home.
Unless he files a lawsuit and gets an order from the Judge to put you out of the house he would not be able to do that. It is highly unlikely he can will be able to get this order without you having the opportunity to be heard at a hearing on the issue.
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
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Chapel Hill, NC 27514
(919) 321.0780
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My husband and I were in April 2006. In March 2007, I left him and returned to Charlotte. I moved into a house that he had purchased prior to our marriage (we have no separation agreement or pre-nup). My husband was aware that I had moved into the house. I recently attempted to buy a house but was unable to close due to the fact that my spouse refused to sign separation papers or a quit-claim deed. As a result, I am continuing to stay in the house until either our divorce is final or he signs the separation agreement. He has called the police on several occasions stating that the house is supposed to vacant and that their are trespassers on his property. The last police officer instructed him that they could not put me out of the house as we are still legally married. At this point, I have nowhere else to live and am not able to get an apartment as I lost quite a bit of money when I was unable to close on the house. Is there something he can do to force me out of the house prior to a divorce been granted? Is it possible that I can recover the monies lost when I was unable to close the on the house.