Legal Question in Real Estate Law in North Carolina

My husband was sued by his ex-wife for his home

that he was still paying for. She won the house and it was awarded to her

for alimony. The home is now going into foreclosure. She has not made one

payment on the mortgage since she won the home in a year. She has not lived

in the home for 8 months and has moved out of state. My husband is

receiving letters from you stating that he owes the money on the loan for

the home. If my husband was to take the loan payment back on will his

ex-wife be able to sue him for the home again. Does she have any rights to

the home? Will he lose it all over again?

Asked on 7/07/13, 9:43 am

1 Answer from Attorneys

Kenneth Love Ken Love Law

By "receiving letters from you," I assume you mean the mortgage company.

This is a tricky situation. If there was a court order awarding her possession of the home, any attempt by him to obtain dominion and control or even move back into the home he would be in violation of the order.

She has rights to possession of the home through the court order and presumably through the deed that her name is on.

Your husband needs to consult a family law attorney. He needs to have a show cause order filed as to why the ex wife has abandoned the home and ask for the Court to award possession to him. He needs to ensure he gets the deed to the home without her name on it. He may go through the hassle of saving it only for her to come and claim half of the profits from any future sale,

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Answered on 7/07/13, 1:33 pm

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