My husband withdrew $46,000 after our separation hearing. He now wants to sell our other property not the resident home. Is it best to sell the house prior to our equitable distribution hearing or wait until afterwards. He don’t want to have two checks at closing (divided between us) I don’t trust him
It’s best to wait until there is an equitable distribution court order (or interim distribution order) or a separation agreement (or interim agreement) in place before selling the marital residence. This is because either the court order or the separation agreement will state the exact parameters for selling the house, how much of the equity each spouse shall receive, etc. and it is binding on both parties.
Anna Ayscue
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.