I was in a relationship with a person who was married. It ended just over a year ago. I am in the position to purchase a home and would have a mortgage. Could the spouse sue me if she were to find out? Could she take my home if I were to make the purchase? Should I move forward with the purchase? How does the Statute of Limitations work? Their marriage is still in tact with no knowledge of me at this time.
The spouse could sue you for alienation of affection and/or criminal conversation. The spouse wouldn’t be able to take your home but if the lawsuit against you were successful and the spouse obtained a judgment against you, a judgment lien could be placed on the property until paid off. Or if you later sold the house, the lien would have to be paid off before any proceeds are paid to you.
There is a 3 year statute of limitation for alienation of affection and/or criminal conversation from the time the relationship ended.
For more detailed information on the claims of alienation of affection and criminal conversation, check out our article Infidelity & Alienation of Affection.
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.