If you can’t come to an agreement, then the courts will decide. If you’ve offered to buy him out, then bring that up in court.
If you’re still living in the house, and the mortgage is in both parties names, you’re both still responsible for mortgage payments.
He can’t make you sell the house without an order to do so.
Generally, if you can afford to buy him out, the court will not force you to sell the residence.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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.
What I understand is that a judge will simply say that you owe him X dollars. If you don’t have X dollars you will have to come up with it in whatever way you can. If that means selling the house then you will be “forced” to sell it. If that means you have to get a loan then you will be “forced” to get a loan. There probably would be some time frame that you would have to pay him the funds. To not pay him in that time frame would open yourself up to a contempt charge. This is how I believe it works. If anybody knows anything different I would like to know.
Thanks for all of the responses. So here is my next issue. We cannot agree on an acceptable separation agreement–he insists on including the 3rd party buyer clause. I have consulted with an attorney (and left a message for Rosen law requesting a consultation since they appear to be far more knowledgable), and she said that I will have to file suit (or something with the court) requesting that a judge determine or order equitable distribution mediation. In order to do so, however, she says we have to be legally separated, so we cannot be living together. I’m afraid to leave the house without a signed separation agreement, as I don’t want him to have the ability to claim that everything I left in the house is his. I also don’t want to get stuck in a lease if I eventually will be allowed to purchase/refinance the house. I feel like I’m stuck in a catch-22…there is fault in our situation (please no judgemental comments–I am not proud of this and have been harder on myself than anyone else can be), so he has the ability to file for divorce from bed and board to evict me from our home, but I would think this would only be temporary if the judge permits me from making an offer on the home. I don’t know what to do in the meantime, as I understand all of this can take quite a lot of time.
Even if you did leave he can’t sell the house and keep all the profits. Nor can he keep all the stuff IN the house. Dispite your infidelity, you are still 1/2 the assets and 1/2 the debt. I know it’s hard, but I would NOT leave without an agreement. He is mad and hurt and that is understandable.
You will still be liable for 1/2 the mortgage until it sells–whether you stay or leave. I believe that if you decide to buy him out, you will probably have to give him 1/2 the equity based on the appraised value if I’m not mistaken. If you don’t have a lot of equity, then it would be a good deal. If you DO have a lot of equity, I would just sell it, split the profits and buy your own house.
Divorce from Bed and Board only makes you leave the house. It doesn’t take away your right to assets and debt, and yes–it does take a long time to process that suit (and money). It would be a lot less expensive on both ends if you guys could come up with an agreement amongst yourselves.
Good luck.
You are caught in a catch 22, as long as you live together you cannot file an action for equitable distribution and it does not appear you have a reason to evict him from the residence. Your easiest option may be to move out temporarily, before doing that you should consult with an attorney to make sure you protect yourself legally.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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.
My husband and I are in the process of separation (I’m still living in the house, no separation agreement yet). Without going into a lot of details, he has become angry at me (justifiably) and thinks that selling the house will help ease his pain and anger. Prior to this, he had agreed to allow me to refinance the house in my name and pay him out the equity he would gain if we were to sell. He states this is no longer an option and will not explain why he has made the decision.
Can a court force me to sell when I have offered to pay him more than he would get if we sold to someone else? If so, does the court require the house to be listed at fair market value, even if it sits on the market indefinitely? At that point, how can he prevent me from buying the house if it’s at a reasonable price? What are my legal responsibilities for the mortgage payment until the house sells? Payment for half does not seem right since I don’t want to move out, but he refuses. Who decides on who gets to stay and who gets to leave?