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If the absolute divorce was granted and equitable distribution was not filed, what happens to the marital property?

Clarkton, NC |

My ex wanted a divorce so fast he didn't file for equitable distribution and had separation papers drawn up after the divorce was final. I was never brought into this equation I was just served with papers one day. So now we have marital property. We have a home with both our names on the deed but he brought property before we separated but only his name is on the deed. He's asking for $5000 and separation of property

Attorney Answers 2


  1. Once the divorce if final the court no longer has a right to distribute property via the rights that arose out of the marriage. You are now the owners as joint tenants of the real estate IF both names are on the deed. I couldn't tell from your fact pattern if both names were on the deed but not the mortgage?? If the two of you cannot come up with an agreement the only legal action I am aware of to take is to file an action for partition. If there is a lot of land involved that can be a "partition in kind" where you each get some acreage. If it is a house and small lot then the only option is a partition by sale where the real estate would be auctioned off in a manner similar to a foreclosure sale and the proceeds would be split between you after payment of costs. You should go speak with an attorney in your area before signing anything presented to you.

    The information contained in this answer is not intended to be legal advice as the drafter of the answer does not know particular details about your case. For more information please visit our website www.bakerbillick.com


  2. It is usually in the interest of both parties to divest yourselves of any joint ownership of property. A "separation agreement" may not be the exact way to go since a divorce has already occurred, but a contract settlement would be something to discuss with an attorney.

    You will need to consult with an attorney to go over any jointly titled assets and determine the best way to proceed. "Marital Property" is not technically a consideration at this point, and paying anything to equalize a division of marital property may not be the thing to do, however you need the advice of a divorce lawyer.

    Good luck

    The information contained in this response is general information and is not legal advice. For more info, see www.doyledoylelaw.com. Nothing contained in this response should be construed as legal advice or creating an attorney-client relationship between the attorney and the reader. An attorney-client relationship may only be created by express representation agreement between Glenn Doyle of Doyle & Doyle, PA and Client.

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