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property problems

  • Thread starter Thread starter gmom
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gmom

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My mom and stepdad were married for 18 yrs,then the marriage begin to fall apart and they got divorced. During their marriage they bought property and eventually paid the note off. They then borrowed against this property, but before they could pay the loan off, they got divorced. Both agreed to pay half of the loan until it was payed off. Eventually this loan was payed off too. Now they still have this property together, it has no leans or debts owed on it. My mom wants to finally settle this so she can get on with her life, she wants my stepdad to buy her half of the property but he says he can't afford it and cannot get a loan because of credit problems. Can she force him to do something or is she just out of luck. By the way, the property and both of them are in North Carolina.
 


I AM ALWAYS LIABLE

Senior Member
My response:

She can sue him for "Partition".

With that, the court will force him to sell her his share of the property. Mom can refinance the property to buy him out. Then, Mom can sell the property so she can get her share.

Other than that, there's nothing else that can be done.

IAAL
 

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