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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16721
Experience:  Licensed experienced Attorney
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In NC, if both people are owners of a house and they sign a

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In NC, if both people are owners of a house and they sign a legal separation, does one spouse, the one not living in the house any longer, lose rights to profits from the sale of the property? My son's estranged wife is selling the house. he has to sign the papers because he is half owner, but she is telling him that he is not entitled to half of the proceeds from the sale. How can this be? He did not sign a quit claim, only the legal separation papers.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your son's unfortunate situation.

Was the house purchased during the marriage and is it still titled in both your son's and his estranged wife's name?
Customer: replied 4 years ago.

Yes, it was purchased by them both in 2008. They were married in 2005. Both of their names appear on the records as owners.

Customer: replied 4 years ago.

She claims that he signed away his rights to proceeds from the house in a separation agreement. But his name is XXXXX XXXXX the house, and he has to sign in order to sell it. How can she claim that he signed away his rights when he did not sign a quit claim?

Thank you for your follow up.

It appears that your son's estranged wife is incorrect.

While there might be some adjustment as to how the equity from the sale of the house would be distributed between your son and his wife, based on mortgage payments and other contributions, they generally both be entitled to an equitable share of any surplus proceeds from the sale of the house.

I would suggest for your son to consult and retain an experienced local divorce attorney who can help your son to protect his legal rights in this matter.

I wish you the best of luck!
Customer: replied 4 years ago.

He has used a lawyer who simply tells him that he should move on and just sign the papers to sell the house. Could this lawyer just be lazy, or not know the law? Should he get a "second opinion" from another lawyer? Is there anything in a legal separation that would allow her to take away his rights to the house with his name still on it as owner?

Thank you for your follow up.

Your son should definitely seek a second opinion from anther experienced local attorney.

If your son did sign a separation agreement which states that your son gives up any of his rights and interests in the marital home / house, then the wife can try to get such agreement enforced, but your son can still contest it, if it was agreed upon under duress, undue influence or if both your son and his wife failed to fully disclose their assets to each other.

I wish you the best of luck!
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