Q: Can a real estate issue post-divorce be settled unilaterally in NC court?
I divorced on May 9, 2023, and we have one real estate property in Huntersville that wasn't included in the settlement. The house is currently vacant and waiting for sale. We haven't reached an agreement on this asset. Can this issue be settled unilaterally in court, and are there any other assets or debts from the divorce that need consideration?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In North Carolina, real estate issues post-divorce typically require both parties' agreement or a court order to resolve. Since the property was not included in the divorce settlement, it remains a matter to be addressed separately. You cannot unilaterally settle the issue in court; both parties must agree to any division of assets, including real estate.
If an agreement cannot be reached, you may need to file a motion with the court to have the property divided or sold. The court can intervene to ensure fair distribution of assets and liabilities from the divorce, but it will require both parties' involvement in the process.
Additionally, consider whether there are other assets or debts that were not fully addressed in the divorce settlement. If there are, they may also need to be revisited to ensure everything is resolved fairly and completely. It’s helpful to consult with a lawyer to guide you through this process and ensure your interests are properly represented.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
