What are my options to make my husband move out of our house or sell it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my options to make my husband move out of our house or sell it?
My ex husband and I divorced without a separation agreement. Nothing in the decree says anything about the house. I found out later, that while I was deployed, he took his name off the mortgage and left just mine using his POA. So, both our names are on the title but only I am on the loan. He lost his job and got one that pays so little he can’t afford the mortgage. He lives in the house and I have an apartment.
Asked on September 7, 2012 under Family Law, North Carolina
Answers:
Jon Welborn / Welborn Law Firm, PLLC
Answered 11 years ago | Contributor
Absent equitable distribution of entireties property, ex-spouse retains right to possession as tenant in common and retains right to alienate and may bring action for waste, ejectment, accounting, or partition.
I believe that the course of action that might most fit your desired results would be to seek a partition. Hope this helps.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.