Good question. I strongly encourage you to contact an attorney in your local area. I recently wrote a blog on the topic of dividing the marital residence upon separation and divorce which may be helpful. #4 addresses the scenario you have described here, where a couple divorces without an equitable distribution claim pending and without having resolved the distribution of jointly owned real property. There are two primary options. If the two of you are in agreement over the division of the property, you could enter into property settlement agreement specifying the terms of the property division. It is important to consult with a tax professional along with a family lawyer to ensure that the agreement is handled in a tax efficient manner. If the two of you are not in agreement regarding the sale/division of the real estate, you can opt for a petition to partition, in which you request the court to divide the land in equal valued parcels if possible, and if not, to force a buy-out or sale of the property (See Chapter 46, Articles I and II, of the North Carolina General Statutes). Hope this helps.
This answer should not be construed as legal advice and should not be relied upon over seeking competent legal representation in your local area.
Answered on Aug 23rd, 2017 at 6:06 PM