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My husband is threatening to hurt me and we have a

my husband is threatening...
my husband is threatening to hurt me and we have a 19-year-old daughter that lives with us The 3 of us jointly own three real estate properties in nc worth $2 million.we are preparing to list those properties to sell now.If I set up a restraining order and start divorce proceedings
can he prevent us from selling those properties indefinitely ?he is 63 and mentally unstable and would do anything to hurt me and our daughter if i try to leave him
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5/3/2017
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,520
Experience: Attorney with 17 years experience
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses, but rest assured, I am working on your question. The website may offer a phone call option, but it is optional.

.

If I set up a restraining order and start divorce proceedings can he prevent us from selling those properties indefinitely ?

.

No, he can't. If he wouldn't agree to any sale voluntarily, you can file a legal suit against him called a "partition action" and have a judge order the sale of the properties. He can order that they be listed at fair market value for a while and then go to public auction if they don't sell privately.

.

But a partition action is an absolute right and can't be denied. So he can't force you to continue to own property if you want to sell.

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,520
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 year ago
how long (weeks , months) would you think it could take?husband has $600,000 in 401kmy daughter and i have nothinghe has taken everything
i've ever had, saved etccan i sell our properties while we are starting this hostile forced separation
(hostile because he is mental and has already hit me and threatens me now DAILY)
Joycelaw
Joycelaw, Attorney
Category: Family Law
Satisfied Customers: 120
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Phone call session started
Customer reply replied 1 year ago
chat please!!i'm waiting to file a restraining order!! it is urgent
Customer reply replied 1 year ago
how long to execute a partition action ???
how long (weeks , months) would you think it could take?husband has $600,000 in 401kmy daughter and i have nothinghe has taken everything
i've ever had, saved etccan i sell our properties while we are starting this hostile forced separation
(hostile because he is mental and has already hit me and threatens me now DAILY)
Customer reply replied 1 year ago
married and tortured 18 years

how long (weeks , months) would you think it could take?
.

If you filed a partition action, maybe a month before it gets heard and the judge issues the order to sell. If you wanted to move quicker, you could ask immediately for a public auction and not even try to list it with a realtor first.

.

Then however long it takes to get an auctioneer scheduled, advertise, and then have the sale..

.

can i sell our properties while we are starting this hostile forced separation
.

Only with a partition action or if you filed divorce and got the partition order as part of the divorce.

.

But if you were to file for divorce, the judge could order him to pay temporary support immediately so you would have money to live on and if you got the RO, then he would be forced to leave the home and live elsewhere.

.

.

thanks

Barrister

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