Millsboro, DE asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina

Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's been approximately six years since our divorce, and he is now unwilling to adhere to our agreement.

The agreement did not specify any course of action in the event of non-compliance, and although it was notarized, it wasn't formally included in our divorce settlement. I want to sell the house and divide the proceeds evenly, but he opposes the idea of selling. What recourse do I have in this situation?

2 Lawyer Answers
Anthony M. Avery
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A: Either sue in the divorce Court for contempt or file an action for a Sale For Partition. Hire a competent NC attorney to see it through.

Ben Corcoran
Ben Corcoran
  • Yadkinville, NC
  • Licensed in North Carolina

A: Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased since the agreement was signed.

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