Asked in Divorce for North Carolina

Q: My mother is in a legal separation. The house is only in her name, Can she sell it without the spouse?

Related Topics:
1 Lawyer Answer

Amanda Bowden Houser

Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: Depends on what you mean by 'legal separation'. There is no such thing in North Carolina but if you mean she has entered into a formal written separation agreement then it is possible that it could have been drafted so that she can sell the property. Without looking at the agreement or any other documentation she may have, it is impossible to say for sure. However, if she does not have a separation agreement or free trader agreement or other such agreement, even though the property is in her name she should not sell it until she is sure she has the authority to do so.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.