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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110401
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Is it possible that I would win if I asked for a petition ...

Customer Question

Is it possible that I would win if I asked for a petition to keep my exhusband from selling the land that me and our two sons still live on if I filed a simple divorce agreement that does not state anything at all about who gets the land? The doublewide is in my name but the land is in his name; both were purchased during the marriage. I am still paying on the doublewide home.
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 years ago.
If you have divorced but have not yet settled the property matters of the community, then you will need to file a motion in the court where you filed for divorce for a property settlement. If the property is in both of your names, he cannot sell it. If the property is in his name alone he can sell it. If you bought the property while you were married, North Carolina is an equitable distribution state and you will have to ask in your motion for an equitable distribution of the marital assets. When you file for your property settlement, you need to also file a motion for a restraining order prohibiting him from selling the land until the property settlement is arranged.

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