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08-19-2005, 01:56 PM
| | Junior Member | | Join Date: Aug 2005
Posts: 6
| | | trying to be outsmarted!
What is the name of your state? I live in Florida, but the question pertains to North Carolina. i am recently divorced- no fault, sought by the ex-wife. All she asked for in the divorce was that her maiden name be reinstated. We actually own property together, which was given to us as a wedding present..free and clear ,no mortgage, in both of our names. The property consists of a 3.3 acre parcel containing a house and a farm. I recently received papers in the mail from her lawyer basically asking me to sign over my share as a gift. I also just found out that the property is for sale. The property has been leased out for some time now, which i do not receive any of the profits. The original divorce papers never stated anything about the property or any of the other assets that we aquired during our marrige, which i now am realizing that it is a problem. My purpose for seeking advice is to find out what type of lawyer i need to help me getr some sort of buy out or to make some sort of monetary agreement for the property that is in both of our names. Also, how do i respond to the papers without signing them? Any advice or help would be appreciated! |
08-19-2005, 02:11 PM
| | Member | | Join Date: Jul 2004
Posts: 226
| | I'm not a lawyer!
Interesting situation. Whose family gave you and your ex the property? I believe that you can file an action of partition (did I get that right HomeGuru?) and not only force the sale but also force a split of the proceeds. Don't take this as gospel, I just read these forums for the free legal tips they provide.  |
08-19-2005, 07:24 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by jocelyn78 What is the name of your state? I live in Florida, but the question pertains to North Carolina. i am recently divorced- no fault, sought by the ex-wife. All she asked for in the divorce was that her maiden name be reinstated. We actually own property together, which was given to us as a wedding present..free and clear ,no mortgage, in both of our names. The property consists of a 3.3 acre parcel containing a house and a farm. I recently received papers in the mail from her lawyer basically asking me to sign over my share as a gift. I also just found out that the property is for sale. The property has been leased out for some time now, which i do not receive any of the profits. The original divorce papers never stated anything about the property or any of the other assets that we aquired during our marrige, which i now am realizing that it is a problem. My purpose for seeking advice is to find out what type of lawyer i need to help me getr some sort of buy out or to make some sort of monetary agreement for the property that is in both of our names. Also, how do i respond to the papers without signing them? Any advice or help would be appreciated! |
**A: do not sign anything and hire a real estate attorney. |
08-19-2005, 08:03 PM
| | Junior Member | | Join Date: Aug 2005
Posts: 6
| | | thanks for the tips! to warped... the land was a gift from both sides. to homeguru....do i hire a lawyer in the state that i live in, florida, or the state that the property is in, north carolina? alsp, do i need to respond to the papers? I contacted a real estate lawyer today and am waiting to hear if he is interedsted in helping me with my case. Thanks again! |
08-20-2005, 11:50 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by jocelyn78 thanks for the tips! to warped... the land was a gift from both sides. to homeguru....do i hire a lawyer in the state that i live in, florida, or the state that the property is in, north carolina? alsp, do i need to respond to the papers? I contacted a real estate lawyer today and am waiting to hear if he is interedsted in helping me with my case. Thanks again! | **A: NC**************..... | |
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