Waxhaw, NC asked in Contracts, Family Law, Real Estate Law and Appeals / Appellate Law for North Carolina

Q: The judge has made his ruling. Husband has no claims to wife's house. During appeal, can husband file a Lis Pendens?

Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the retirement accounts. In addition, husband was to pay $ome money each month until the divorced was final.

Husband stopped making the agreed payments to wife. Husband ratified the contract by using funds from multiple retirement accounts as well as other actions. Wife filed the breach of contract suit. Husband responded to the suit with arguments to have the contract rescinded.

Based on the evidence and case law, the judge found that the contract was a valid and binding contract and husband was found to have breached the contract. The final court order was signed by the judge and filed with the court. Husband is appealing. Wife would like to sell her house to help pay her legal expenses.

1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Estate Planning Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.

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