Legal Question in Family Law in North Carolina

I recently was asked by my wife for a divorce. Discovered later that it was because of an affair that she was/is having. The house we currently live in was purchased by me, alone, before we got married, and refinanced once during our marriage, but was still refinanced in my name alone. after 2 months, she has dragged her feet, finding a place to live, and I am ready to put my house on the market. It was suggested to me that I was not allowed to sell my home until our divorce is final. My question(s) are: What can I do to get her out of the house, and do I have to wait to get it on the market?

Asked on 11/07/13, 9:17 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

Even though the house was yours prior to getting married once you did get married, your wife became entitled to a potential portion of the equity that has accrued while you were married. Because of this, generally speaking you will have a tough time selling the house without her signing off on the deal even though she is not on the deed or mortgage. The quickest, cheapest and easiest way to resolve this issue is with a Separation and Property Settlement Agreement and a Quit Claim Deed if she is agreeable to that. However, even if you end up duking it out in Court you have a decent argument for an unequal share of the marital property in you favor due to the infidelity. There are many firms, including ours that can do this type of work for you for a flat rate fee of around $500.

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Answered on 11/07/13, 10:42 am

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