My absolute divorce should be final in August. We do not have signed SA and there are no pending ED claims. I am choosing not to file an ED claim prior to divorce because it actually works in my favor not to (i.e., 401k, etc.); my stbx does not have an atty and does not realize his right to ED will expire upon absolute divorce.
The only issue with me not filing for ED is joint-ownership of the marital home, which I reside in with the mortgage solely in my name. I understand that upon absolute divorce we will be considered “tenants in common”. I want to sell this home within the next 3-6 months, whereas he wants me to wait several years until the market completely rebounds when we can sell for a higher price.
My question is this: after the absolute divorce, what means do I have to force him to allow me to sell under the laws for NC tenants in common? I am hopeful there is some remedy available through the courts if he refuses to allow me to list the property and/or accept an offer.