Sell the house after spousal abandonment?


#1

I live in North Carolina and my spouse abandoned me 2 years ago on Jan 25, 2009 and took our children and moved to Florida without my consent. We are in the process of divorcing and are dealing with a custody battle. The house is in both of our names although my spouse has never financially contributed to the house payment as she was not employed. I am in fear of losing my house because I can’t make the payment after I pay the $1200 a month child support and I need to sell it to protect my credit. Since the divorce proceedings began I have been asking my spouse to sign over her rights so I can sell. This would benefit her credit as well as mine. She keeps putting me off and has not signed over her rights for me to sell, although she says she does not want the house or anything to do with the house. I need to sell asap. Can I now sell without her signed consent since it has been 2 years and she abandoned me?


#2

You cannot sell the house without her consent, as she is part owner. Your recourse is to file an action for Equitable Distribution and include a motion for interim distribution, seeking an order allowing the home to be sold.