Bringing a Suit for Partition
My question involves real estate located in the State of: NC
My ex-wife and I are on the deed and mortgage of a residence that she occupies. Long story short, she refuses to refinance the mortgage unless I sign a quit-claim deed. We were issued an absolute divorce in March of this year.
I am finally in a place financially where I can put effort into getting this resolved. My research so far has led me to believe that a Suit to Partition would be the best way to have the court force her to either refinance or sell the house. My goal is for the court to have the house appraised, and have her refinance the mortgage, paying me the difference in equity as of the date of divorce.
What if she truly can not refinance? If the court forces her to sell the house who determines issues such as price, what condition the property must be kept in, etc? She is a very messy person who has many animals and selling the house in less than prestine condition would drastically reduce the value of the property.
What are the ways this could go bad for me? I seem to understand if the court forces sale, and the house sells for less than it is worth I would be responsible for half. I do not want to take possession of the house, as it is not near where I live now and simply put it is a terrible neighborhood and property. It was bought without my actual consent (she had a power of attorney so there was my legal consent) while I was deployed overseas.
Re: Bringing a Suit for Partition
You need to bring suit for an equitable division of marital assets. This really should have been taken care of by your attorney in the divorce.
Re: Bringing a Suit for Partition
I thought I was ineligible to do that because of the absolute divorce?
I chose at the time to not include the property fight in the divorce for many reasons.