1o months ago my spouse of 25 years kicked me out of our marital home following a dv incident in which he was the aggressor threatening harm to me which resulted in me fleeing the home for safety but I did not file police report and no dvpo was filed against him.
Spouse has changed locks on marital home to prevent access, refused terms of a separation agreement where I asked for spouse to buy out my interest in the home and refi solely in his name since he plans to stay in home, and is demanding I pay to resolve through court litigation. (Spouse refusing to divide marital property despite home is jointly owned with existing mortgage in both names.)
What options do I have to obtain my interest/equity of marital assets/property? (Do I have to wait until eligible for divorce to do anything? Can I pursue forced sale of home? Concerned I can’t afford cost of court litigation for EDP ).
In order to preserve your interests in the marital estate, you will need to file a claim for equitable distribution against your spouse.
It is very important that the claim for equitable distribution is filed before a divorce judgment is granted. This is because once the divorce is granted, you are barred from having the courts equitably divide your property.
Check out our detailed article about equitable distribution and how it works: Equitable Distribution: What You Need to Know
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
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