Selling a Home While Legally Separated

If you both had a home then you both should agree that if and when you sell whatever comes from that is your but if she insist that she get a portion of the profit from your home then you need to make her sell her home and give you aportion of her profit.

Thanks for the input, however I am expecting an offer on my home at any time and due to her vindictiveness, she may not sign on the Deed in which cause I will lose on the offer. I must sell the home anyway but put the money into an escrow account until we resolve this in court. Will this work??


Dear bc:

Greetings. Yes, you may need either a quit claim deed or a free trader agreement (both requiring her signature) if you do not have a signed separation agreement.

If you cannot obtain her signature - file a claim for equitable distribution along with a motion for declaration of separate property. Good 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.

I do not have a separation agree and my STBX is being vindictive towards me about the legal separation.

However, I am needing to know if I need my STBX to sign off on a Deed during a home sale closing. The Deed only has my name on it. I am owner of this home for many years before we got married. She has never moved in this home because she still has her own home which is near her work location.

I must sell this home due to accepting a new job that is in a different city.

Any suggestions??