Does a married couple who has an existing balance on a mortgage have the option to file petition to partition for a forced sale of the home Is as an alternative to equitable distribution ?
(spouse refusing to separate marital property,refusing to buy out my part of the home , refusing to refinance the home to remove my name from the debt)
No, because the property is titled as tenants by the entirety (when real estate is acquired during the marriage and deeded to both spouses), then equitable distribution is the remedy.
You would need to file an equitable distribution lawsuit against your spouse.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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