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