Asheboro, NC asked in Divorce and Family Law for North Carolina

Q: Separation and House

Me and my wife are about to separate in NC that requires 1 year separation before divorce can be final. She went and saw a lawyer, and in this state you dont need separation papers. She in moving out. She says I can keep the house for now and we discuss it in 6 months if we sell it or I buy my half. If she tries a court order to sell while were separated..is there anything I can do to stop her from doing that?

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered

A: I assume you want to limit yourself to just your legal options of stopping her. If so, no you can not stop her from trying but you may be able to stop her from winning if you do I what I told you to do in a prior question and that is go consult with a local family law attorney. Think of it this way - if you aren't a mechanic would you ever in a million years think to yourself 'I don't know squat about cars but how hard could it be, I'mma look online to get tips about how to crack into my car's transmission and rebuild that bad boy myself? No - of course you would not - you go to a mechanic. It is the same for legal work. When you don't know what you are doing - you go to a lawyer. If saving money is the goal, I can tell you that you and your spouse resolving your marital issues fairly in a formal written separation agreement is better and cheaper than you and your wife paying strangers (often quite a lot of money) to make decisions for you that you and your spouse could have made yourselves for free or at very low cost with the guidance of an attorney.

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