If she has left the home then the home now belongs to you. She can not force you to sell the home at all if there are funds for you to give her for 1/2 the equity.
All the marital assets will have to be divided and the home is often a negotiating chip. “I won’t go after your retirement fund or the car if you don’t go after the home”. Depending on the amounts you are talking about, then it could work to your advantage. If there is a home equity line that has been withdrawn from the account then she may have already received her portion of the assets from the home…
I suggest consulting an attorney as soon as you can. Document everything. Do not let anything else go from the assets until you have an agreement signed.
She can go to court and ask for an interim distribution. One of the things that can be requested in an interim distribution is for the house to be put on the market. However, if you wish to remain in the home and are keeping the payments current, it is unlikely that the court will order you to sell it at a preliminary hearing.
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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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 wife left some 3 months ago. we have only negotiated little things such as her clothing and personal item. We have alot of assetts to seperate such as retirements and vehicles. She wants to put our house on the market now. Im not ready. she will not discuss any of the other assetts or aspects of the seperation. She just discusses wanting to sell the house and wont budge on anything else.I am residing in the marital home and making the payment, DO i have to sell if im not ready? Can she go to the courts and make me sell. I want to discuss all of the seperation aspects first, including the home equity line that she withdrew without my consent.