YOU PROBABLY NEED TO TAKE HIM TO COURT, FROM MY UNDERSTANDING ALL PROFIT OR DEBT THAT WAS INCURRED DURING THE MARRIAGE ALL THEY WAY TO THE DATE OF SEPERATION IS TO BE SPLIT, AND I WOULD THINK IF HE HAS SOLD ANYTHING THAT IA JOINTLY OWNED HE WOULD HAVE NEEDED YOUR SIGNATURE OR SOME KIND OF CONSENT FROM YOU.
You refer to living separately but not to being divorced or having a separation agreement. So your status is nebulous. If he sold the property you would have to be there at closing unless he has power of attorney. If it was foreclosed upon for non-payment of taxes someone should have received notice since it was in both of your names. Something sounds fishy here! There should be a way you can look up this property through your county government to see if it is still in both of your names, his name, or if in fact it was sold or foreclosed upon.
go to wakegov.com, and within that site you should find a answer
Gentlemen: Thank you both for taking the time to offer your, much needed. info and advice.> As for wakegov.com, I have been there and the only info I have found is our jointly owned residential property. You see, the property in question was purchased in 1997 and I can not remember the number addresses and he refuses to give that info to me. I do know that all the property avail. around us has been purchased. Sooo, I suppose I have my answer, however I will thoroughly check when I’m in Raleigh in Dec.> Thanks again, lostlady
If the property in question was acquired during the marriage then you have the right to half of it whether it exists or not. He will have to come up with half of what he got for it. If the property was sold, go to the Wake County GIS site and search by address or owner, that will tell you what’s happened to your property.
imaps.co.wake.nc.us/imaps/main.htm?msize=525
If you had signed the note then your credit would have been affected as well, request a credit report online for a few bucks and see.
Thank you ever so much for your reply and info. I have checked by name for the information I need as my spouse refuses to give me the forgotten numbered addresses or the map info on the two parcels in question. And, there is NO record of the property, in our names, anywhere. As I stated previously, the only info found was our jointly owned home and 5 acres that I purchased, again with his POA as he was out of the states, in 1993.> So thank you again and I will keep checking for a definite answer not an assumed one. Respectfully, lostlady
Dear lostlady:
Greetings. Yes, it may be legal for him to sell the jointly titled property if he has a power of attorney for you. If he does not, then clearly he cannot sell it as he would need your signature. You should check your credit report to see if there is a foreclosure on the same. You can have an attorney request a disclosure of all relevant property from him and check on tax returns to see what was owned. Best of luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
My sincere appreciation for your reply.> MY SPOUSE HAS NEVER HAD MY POWER OF ATTORNEY! He requested it several times for numerous legal reasons, however I firmly refused each time. And still need legal help desperately because I cannot find enough jointly owned monies to afford legal counsel as he lives in Raleigh and I reside in GA! Any suggestions?> There is still no Legal Seperation/Property Settlement Agreement signed NOR will there be unless there is room for serious FAIR negotiations.> From a grateful, lostlady
If everything is still up in the air, why not apply for a line of credit? If he’s blowing all the cash, and neither of you have decided anything or signed anything, then why shouldn’t you?
Although married for 39 yrs. my spouse & I have lived seperately for quite some time.> Is it legal for spouse to sell or dispose of property that is jointly owned without my knowledge or consent? When I inquired about property in question, I was told it had been foreclosed on for non-pmt. of property taxes. I can’t find any record of such a transaction and was told by the Wake Co. Sheriff’s Off. that there had been no foreclosures on property in our area in 2004 or 2005 thus far.> What are my legal rights?> Thanks in advance for your much appreciated help.> Respectfully, lostlady