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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102357
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I bought some land with my husband and now I don't want to

Customer Question

I bought some land with my husband and now I don't want to keep it and he does. I love my husband and I want to just get my equity out of this land he wants to build a shop on
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
I want my name off this land I don't want it. He does..
He says he will get my name off; but, never does anything How can I get off this land and get my equity back?
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this. Please tell me: 1) What state are you in?2) Is there a mortgage on the property OR is it owned free and clear? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
North Carolina
No its paid for.. I used the Equity on my home to help in pay for it.
Expert:  Ely replied 1 year ago.
Thank you. Someone in your situation wants to give him a QUIT CLAIM DEED, which is a deed that gives him all of your interest in the property. See HERE for an example. However: 1) This has to be filed with the Register of Deeds in the county, and2) He has to AGREE to give you equity of course, because by giving him the quitclaim, this would make the property solely his. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 1 year ago.
He is not giving me my equity. I guess I have to sue my husband?
Expert:  Ely replied 1 year ago.
He does not have to. As a married couple, it is up to you how to decide on splitting assets. The Court does not get involved. Nor does he have to give you your half of the equity while you are married, unless you split up and seek separation or divorce. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.