Asked in Real Estate Law for North Carolina

Q: I need know what options a house that is jointly owned with an ex-fiance now. Neither of us can buy each out

been separated for 2 years now, she continued in the house, moved in a guy and now is married. Neither one of us has established great credit and she no longer works. She is getting behind on payments and its dragging my credit down

Related Topics:
2 Lawyer Answers
Ben Corcoran
PREMIUM
Ben Corcoran
Answered
  • Yadkinville, NC
  • Licensed in North Carolina

A: You can file for a partition sale, speak to a local attorney about doing that and bring them as much documentation as possible.

David Allan King agrees with this answer

David Allan King
David Allan King
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: As Ben notes, you can go to court to force a sale and split the proceeds. However, you can also just ask if your spouse will sell the house they can no longer afford voluntarily (noting that if they don't either you or the bank will evict them). If you've been separated two years, than the home's value has likely sky-rocketed during that time, given the real estate market as of late. Your spouse would walk away with plenty of spending money to pay rent while they get back on their feet.

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.