Who's house is it?


Dear Pumpkinshell:

Greetings. The house is your separate property. My advice is that you file in North Carolina for divorce immediately. Never trust someone else to do your legal work for you. Thank you.

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 husband and I agreed to move to NC from NY. We signed a lease 6 months before I arrived here with the children. He was to follow later. Before he completely relocated, over a year later, he had committed adultry and we agreed to separate and divorce. He filed for separate in NY and relocated while the separation was in process. We divided all property and the separation agreement that we signed stated that anything purchased after the date of signing would be the sole property and responsibility of the party making the acquisition. My lease was up at the apartment that had both our names on it and I need another place. I wanted to purchase a home and have it built, My husband and his lawyer said that the divorce would be finalized before I went to closing. My husband agreed the house was a good idea for me and the children and he wanted no part of it. The house sale went through. His lawyer provided the necessary legal papers for separation to the realistate attorney. Now 1 1/2 years later, my husband claims the house is half his. I called his attorney to find out about the divorce papers and was shocked to find out he never paid his lawyer as agreed so the separation was never finalize and the divorce proceeding never started. So now who’s house is it? I wanted to sell. Do I have to buy him out. Can I sue him some how for breech of agreement. After all I still have the legal documents he signed. HELP!!