Property ownership


Dear bugged:

Greetings. First, she may not need to sell the house if she can refinance and pay out your equity. Also, you may have sufficient other assets in the marriage that will allow you to take other items completely and let her keep the house - keep that in mind.

Yes, if the house is the only asset, it will be divided equally. The suing party does not generlaly get more or less, as equitable distribution is presumed to be 50/50. Thank you.

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.


We are married 35 yrs. I want to sell the house but wife doesn’t. We both are on title. If we should divorce does the resulting monies get split evenly or does the suing party get more or less.