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 8 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. 


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