QUESTION

How do i arrange it so that I can sell my house several months after my divorce is final?

Asked on Jan 02nd, 2016 on Divorce - North Carolina
More details to this question:
Im legally seperated with quit claim deed in place for my home. I do not want to keep the home I plan to sell it. My soon to be ex just wants his name off the mortgage. (My name is not on the mortgage only the deed) I will file for divorce in August but i do not wish to put my home up for sale until spring 2017. Can I do this? Or when my divorce goes before the judge will i be ordered to put the house on the market ASAP?
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1 ANSWER

Criminal Law Attorney serving Durham, NC
3 Awards
Whether you will be forced to sell it depends on a number of questions. Questions like (1) what does the quit claim deed say, and when it was done, (2) what does your separation agreement say about the home and the mortgage, and the other assets and debts of the marriage, (3) will your husband file anything in court to ask the judge to address the house, (4) whether you can sucessfully defend against any claims he makes, etc.   The issue of Equitable Distribution may properly be filed at any point prior to the granting of the divorce, unless it has already been resolved in the separation agreement.  You say you are legally separated which generally means you have done a separation agreement, but you never said you did one.  As you can see, you have not given enough information for an attorney to adequately answer your question.  I suggest that you use the 'Find a Lawyer' link above, to locate an experienced Divorce / Family Law lawyer in your area, and schedule a confidential consultation with them to discuss all of the facts surrounding your issue, to get a complete answer to your question, and to discuss hiring them to represent you through the complicated waters of divorce and division of property.
Answered on Jan 04th, 2016 at 8:06 AM

Kathy Richardson Richardson Law Firm, PLLC 2310 S. Miami Blvd, Ste 134 Durham, NC 27703 919-680-2300

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