Marital property


Dear hugheske:

Greetings. Why don’t you have an equitable distribution claim? When the alimony claim was filed, all of your other claims (such as equitable distribution) should have been filed at the same time. Yes, of course the court can order that the house be placed on the market. I would also recommend that you file a motion to modify the alimony claim also. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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 have been separated since April of 2004. My ex remained in the home with our two children and had agreed to sell the home (I was going to allow her to keep the equity in order to save my retirement) I took over all of the marital debt other than the house payment and her car payment. The court has ordered that I pay her 500 a month alimony until Dec 2005 or until she sells the house. We have no court ordered ED claims and no valid separation agreement. She has fallen behind 2 months on the mortgage and now refuses to put the house up for sale saying she will live in it as long as she wants to. I have offered to take over the house, she can move, and we will split the equity, however she refuses to negotiate. My question is this. Can she be ordered by the courts to put the house up for sale by a specific date? My only concern here is she cannot afford to refinance and my name remains on the mortgage and the loan for her car which are both now impacting my credit. Can she be ordered to sell the house or is it basically her choice when she wants to do so? She has a full time job and can afford to get another place for her and the kids. I just dont want this hanging over me until she decides to get her feet moving on something. I am ready to get an attorney and take her to court (which I did not want) Will it do me any good? I gave her everything so I cant see where it could hurt. Thank you.