Selling marital residence


#1

BTW…The judge cannot make him pay me w/ the equity received from sale b/c he pulled out an equity line(for ALL the equity and put it into his new home for equity)


#2

As far as equitable distribution, if you filed the claim before divorce was granted then if I’m not mistaken, you are entitled to 1/2 that equity regardless of what he did with it. If he put it into his new home then he will still owe you 1/2 of it when it goes through court, unless you signed something saying that you would terminate your rights to the home. As far as you being at the closing, it’s the same thing. If your name is still on the mortgage and deed then you may HAVE to be there unless he’s planning to forge your signature.
If there was no ED claim filed before divorce was granted then I’m afraid that there’s not much you can do now. It will depend on what your separation agreement or ED claim stated and what he was supposed to pay you.
Child support is a separate issue and if he hasn’t paid CS in 4 months then you will need to contact the Child Support Enforcement Agency and let them know the situation. They can direct you on what the next step is, and talk with the attorney to see if the date on the conempt motions can be moved up.


#3

I am entitled to half the equity from the date of sep., the date of divorce, or the date of sale?

yes we have an order signed by the judge on 7/05 that includes ED & PSS.I just have not seen any of it. THANK YOU!


#4

You are entitled to 1/2 the marital assets at the time of separation. Talk to the lawyer about getting the dates moved up since he is planning to sell the home. Legally, unless you signed away your rights to the marital home, he can not deny you your share of the assets or what was in the ED claim. If he’s telling you any different then he’s not being completely honest.


#5

Also, there read over your order to see if there is a time frame mentioned. As in, husband has 30/90 days to complete distribution or upon completion of sale of the marital home. Some of them have time stipulations that could also be enforced by local law enforcement as in after 30 days husband/wife will turn over possession of “sofa” to other spouse. This is all stuff that with a court order can be enforced.
Also, after reading this again, I don’t think a judge can force you to sign a quit claim deed so that your ex can sell the marital home. Unless, the order stipulates that the marital assets will only be divided or post separation support will only be paid upon sale of the home.
If the home is to be sold and your name is on the deed and mortgage, then both signatures will need to be on the closing. I don’t think that you would be responsible for mortgage payments from the last 2 1/2 years if you have not been making them. It probably says something about that in your order also. He is possibly trying to convince you to sign so that he can sell the home. That’s reasonable but make sure that he knows that selling the home will not make your rights to 1/2 the equity disappear. Whether you sign to sell the home or not he is still responsible for paying you 1/2 the equity at the time of separation.
I don’t know much about quit claim deeds so hopefully someone else will respond, or a lawyer will respond to this too.


#6

The order says He will pay his monthly payments for ED 04/05-10/05, and PSS from 04/05-10/06. I havent received a dime. I have filed numerous contempt charges for ED PSS and an accumulated 6+ months of CS. Not one contempt motion has been heard b/c of his rule 60 never being decided on.

To keep me scared of losing my son (and from paying)he has filed over 15 motions and has had 3 costly law firms(not rosen).One he filed a temporary emergency custody order stating my son had been starved. Of course he lost, my children are very well taken care of. it was embarassing for him.
But when he forfeits 2 consecutive visitations in a row(in emails) and it is days before Christmas (he had him last x-mas)he goes to my son’s preschool, picks him up on a Tues, takes him out of state, all without my knowledge and tells me he is keeping him as long as he wants…the judge still wont see me.

More money wins b/c they can continue the fight.
I dont know what to do. He is 37 & makes +150,000, I am 24 & make $12/hr.


#7

Don’t have any words of wisdom…but I am in the same boat where my ex husband has all the money and he ended up winning in court pretty much because he had the money. Money can’t buy happiness, but it can buy a lawyer and a private investigator and computer tracking software. Just watch your back.


#8

Dear almostdone:

Greetings. No, it is unlikely that you will have to pay for 1/2 of the payments on the mortgage since DOS. Also, you have the right to be at the closing and request 1/2 of the proceeds.

If I were you, I would make an emergency motion to have the proceeds from the sale frozen. 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

ROSEN.COM

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.


#9

OH - DO NOT SIGN THE QUITCLAIM DEED - DO NOT!!!

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

ROSEN.COM

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.


#10

I have been divorced since Jan 06. I left the marital residence. Ex H put marital home on the market(without telling me) in Aug 05, and bought a 1.1 million dollar home 1 block away from marital home(I never knew he moved till Jan 06.)So he didnt move for locactin or to downsize from our 5000sq ft home. He has not paid a dime of ED or PSS, and no CS since Oct 06.(I have contempt motions filed but court is not till March 20th.) He just now has a buyer and says I CANNOT be at closing(maybe he is hiding something, and If I dont sign than I will have to be responsible for half the mortgage payments he has made since our seperation in Nov.04. Is this true? It is not my fault he kicked me and the kids out, and bought a bigger home before his home sold. If I knew this I would not have pulled my children from their home, friends, or school. What can I do? Will the judge make me sign the quick claim deed w/out him EVER paying ED or PSS?