Selling Our House

Last September my husband told me he wanted a divorce, but he does not appear to have done anything to initiate one. We are still living together in the house we both own. We have talked about selling the house next spring after we do several projects to get it ready to put on the market. I recently found out that he wants to sell it now, which would result in a financial loss for both of us. In addition, we have children and I would like to stay in the house for at least another, but maybe longer for their stability. What would he have to do to force me to sell? Thank you.

Your husband would have to file an equitable distribution action against you in order to get a court order that provides for the distribution of the marital assets however, he would be unable to file for equitable distribution until you both separated and began living separate and apart.


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.