Marital home and signed contract


#1

My ex signed the listing agreement for our home, and it went under contract quickly. Now she is refusing to sign the deed and lien waver to convey the property.

The NC Offer to Purchase and Contract has been signed by all parties, the buyer has their loan approved, repairs have been completed.

We have no separation agreement and our uncontested divorce hearing is scheduled for May 29th. What can I do at this point to compel her to sign the deed and lien waver?


#2

Do you have an attorney? It sounds like you guys are doing this on your own??? If you are trying to settle things on your own, then if she doesn’t agree to sign, there isn’t anything you can do at this point, but try to convince her that this is the best thing to do considering the housing market! Without a formal separation agreement, she doesn’t have to do anything. To push this issue, you will have to retain an attorney unless you can simply convince her to avoid that hassle. It’s so much less expensive to agree to the terms on your own.


#3

If you have a contract for sale signed by all parties, you both may be held in breach of that contract.

Before that, though, you need to consult with an attorney immediately. If you go forward with an absolute divorce without a separation agreement, it’s quite possible that you need to file a lawsuit or claim for equitable distribution, otherwise you will lose your rights to this relief. If the divorce goes through without these claims pending, the property will become titled as “tenants in common”.

Additionally, by filing a lawsuit or claim for relief, you can ask the court to force her to sign the deed and lien waiver. You must contact a lawyer well before May 29th.