Marital home after divorce

Hello, I’m looking for a solution to my question about my marital home.

A little background… I’m legally divorced with a permanent custody agreement in place for my son. The only issue left to resolve is equitable distribution. 2 years ago, I moved out and my ex wife remained in our house (which we built together and is under both of our names). Recently she wrote me an email stating in November she will be relocating to a new residence and will no longer be making mortgage payments, HOA, and general upkeep of the house.

Can I move back into the house if she vacates?

Yes, if equitable distribution was never resolved or was pending at the time of the absolute divorce and your name is joint owner of the home, you can move in when she vacates.

It’s a good idea to give her notice that you intend to occupy the home after she moves out.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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