Legal Question in Family Law in North Carolina

divorce, real estate
My husband and I divorced without a property settlement. we had a primary residence and a vacation home on a lake. Without a property settlement, we are tenants in common. He lives in the primary residence and I live in the vacation home. He is being difficult. I had both houses appraised and suggested he take the primary residence and I would take the vacation home(I would pay him the difference in the value). There is no mortgage on either house. He won't agree to split the houses, list them for sale. In the mean time what are his rights as far as access to the home I live in?

Asked on 3/09/09, 4:37 pm

Mark Williams Rice Law, PLLC - Web Based & Downtown Office

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Re: divorce, real estate

Tenants in common have an undivided interest and equal access to the property.

You can resolve it with a petition to partition which should be filed in the Clerk of Courts Special Proceeding Division.

You should get an attorney to help you.

Answered on 3/09/09, 10:09 pm

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