marital property after divorce

[mom4good]

divorce in NC in 2000

custody was only thing addressed

mother moved out of home father stayed in home

joint custody with father as custodial decision maker and time is split with child

mothers name is the first buyer father is the co buyer

the same is true about the truck that he drives

Problem: He doesn't pay on time, often 60 days late and mother gets calls from the credit agencies. Mother is still listed as the owner of all property.

#1 can she sell
#2 can she reposess
#3 can she do any thing about this
#4 does she need an atty or can she handle it on her own

[socrateaser]

>#1 can she sell

If both husband and wife are named on the deed, then both must agree to sell the property.

>#2 can she reposess

No. A repossession requires some form of secured interest in the other parties' ownership.

>#3 can she do any thing about this

If property division was not determined as part of the divorce, then the matter remains "at issue," and the court can be asked to divide the property in accordance with law and equity (fairness). The court can order the property sold, if neither party has sufficient assets to buy the other out.

The only thing that the court cannot do is to take away the lender's right to collect/foreclose on the mortgage. If both parties signed to be liable for the mortgage payments, then both are jointly and severally responsible for the entire debt, regardless of their individual ownership interests.

>#4 does she need an atty or can she handle it on her own

I have no idea. Most people need an attorney. Your mileage may vary.