What are my options to make my husband move out of our house or sell it?
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What are my options to make my husband move out of our house or sell it?
My ex husband and I divorced without a separation agreement. Nothing in the decree says anything about the house. I found out later, that while I was deployed, he took his name off the mortgage and left just mine using his POA. So, both our names are on the title but only I am on the loan. He lost his job and got one that pays so little he can’t afford the mortgage. He lives in the house and I have an apartment.
Asked on September 7, 2012 under Family Law, North Carolina
Answers:
Jon Welborn / Welborn Law Firm, PLLC
Answered 12 years ago | Contributor
Absent equitable distribution of entireties property, ex-spouse retains right to possession as tenant in common and retains right to alienate and may bring action for waste, ejectment, accounting, or partition.
I believe that the course of action that might most fit your desired results would be to seek a partition. Hope this helps.
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