Your attorney should immediately file a Motion for Interim Distribution and ask that he be forced to sign or that the house be sold without his signature. Good luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.
My question is on selling real estate. We got a offer on our home which is vacant last week and both of us agreed to except offer. I went and signed the offer agreement and at the last minute spouse changed his mind due to an alienation of effection suit against him. He stated the only way he would sign if the suit would be dropped which will not be, so he backed out of the deal. We have been seperated for over a year and nothing has come to any agreement regarding equitable distribution etc. We have been fighting in court and court has been a joke when we can get there. It’s very involved and neither of us can agree on anything. He’s holding out for me to waive his retirement benefits which I’m not. Married 30 years and he walked out and was in another relantionship for over a year before hand. Like I said very involved. What I want to no is there anything which can be done to make him sign to sell this house. Mortgage payments behind and house is just sitting, etc. My attorney says she’s looking into it. Please advise