Hello a year and a half ago my husband and I split. We never got a
legal seperation. He owned the current house that I live in before we
were married. Just a couple days ago after no contact from him in over
a year he shows up and tells me I have 3 days to get out because he
sold the house. I go back 2 days later and there is another person
there saying that he just purchased this house and will be closing
soon. My question is 1 what right do i have as a tenant or the WIFE in
this situation is there any way for me to stop the sell of this house?
Thank you

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Clarification of Question by dianewhitely-ga on 03 Jun 2006 20:18 PDT

Sorry forgot to mention this is in Winston Salem NC, Forsyth County.

Thanks

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Request for Question Clarification by denco-ga on 03 Jun 2006 21:41 PDT

Howdy dianewhitely-ga,

A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."

You need to get a lawyer, and as soon as possible.

"Divorce in North Carolina"
http://www.triadlaw.com/Divorce.html

"The only basic requirements for a divorce in North Carolina is that the
parties involved be separated for one year prior to the filing of the
divorce, and that the court has jurisdiction over at least one party.  A
separation agreement is NOT necessary to start the clock running on the
one-year requirement. If either party disputes the one-year requirement,
or files a counter-claim, the divorce is no longer considered uncontested.
It is important to remember that once a divorce is granted, neither party
can raise issues of property distribution or alimony, so those claims must
be asserted prior to a court granting a divorce."

"North Carolina Divorce FAQ's - Property Division"
http://www.divorceinfo.com/ncfaqspropertydivision.htm

"In North Carolina the process of dividing the property and debts of a
marriage is called Equitable Distribution. Equitable Distribution is a
three step process conducted by the court when spouses are unable to
divide property on their own. The first step in the process is
'classification'. The court must determine which property is marital and
which is separate. Separate property is property owned before marriage,
inherited property and gifts."

You will want to read both of the above pages in detail, but in general
it could be that the "system" could have allowed your husband to get a
divorce and sell the house, and possibly without direct notice.

However, there is the case of "DUNEVANT v. DUNEVANT," as an example.
http://www.aoc.state.nc.us/www/public/coa/opinions/2001/991336-1.htm

"The court allowed defendant's motion for substitution and entered an
order finding that 'the Parties did not separate with the intent to
remain separate and apart' on 3 May 1996."

Although the specifics of the above case are different than yours, if
you could show that there was no intent to "remain separate and apart,"
then any possible divorce might be found null and void as in the above
case.  You staying in the "family" home might be such proof.

All of the above is the reason you need to get an attorney involved, and
as soon as possible.

Looking Forward, denco-ga - Google Answers Researcher

Denco is correct. "You need to get a lawyer, and as soon as possible."

This may be a matter covered by marriage/divorce laws or by tenancy
laws or by both types of laws. Which ever sets of laws apply to your
case it can be said that good laws usually contain requirements about
giving "fair notice", and about how such fair notice is to be given,
and about the time periods for fair notice. These will vary from
jurisdiction to jurisdiction and situation to situation however an
oral 3 day notice in this type of situation is not likely to be
considered fair in most jurisdictions.

Generally courts have the power to grant injunctions. An injunction is
generally an order to STOP or HALT the doing of something. Usually
courts can grant injunctions either temporarily or permanently.
Temporary injunctions to stop or halt activities are often issued by
courts where it appears that somthing may be occurring that is
contrary to law. Courts commonly grant injunctions while the court
fully considers the circumstances.

The date of your posting shows you have left this until Saturday.
Chances are you can't see a lawyer until Monday unless you can find
one over the weekend. Don't dilly dally, on what little you've told us
you're wasting time. You've probably got a good case if you act
promptly.

Denco is correct. "You need to get a lawyer, and as soon as possible."

As stated above you need a lawyer fast, though a good one may cost
some bucks, check with a local women's orgainzation in your area to
see if they can point you in a direction for lawyers that can help for
lower fees

Two issues:  (1) Divorce and equitable distribution of the martial
property, and maybe depending on how long married alimony
             (2) Landlord tenant law: 

On first: depending on how long you two where married, and other
factors such as where your funds combined in joint account's and where
those accounts used to pay for the mortgage of the house or for
repairs, but you will need an attorney to advise and file a divorce
complaint which can name the property your are currently living in
thus placing a cloud of title on property so husband can not sell BUT
YOU MOST MOVE QUICKLY

(2) Landlord/tenant: even though your husband is selling the house he
can not just kick you out notice must be given. On that since you do
not have a written lease, but have been living in the place you have
proof of residency in the place and can not be removed unless by court
order and then by sherrif, if your husband or guy comes around again
with out proper notice 24, YOU CAN CALL THE COPS FOR TRESSPASSING,

Now he will claim you are not a tenant, but as long as you have mail
to house you can establish residency. Also he may claim you are only
on month to month, do not buy it, counter saying understanding that
untill officall divorce he said you could stay in house, no judge is
going to kick you out right away


That all said 
1st talk to a lawyer on monday need to move to cloud title and proceed with divorce
2nd on house treat it as a landlord/tenant situation: you are not
moving, require written 24 notice for non-emergency enterance to
house, then restricit to normal business hours m-f, NOTE if they fail
to follow those rules CALL THE POLICE FOR TRESSPASSING THEY WILL TAKE
YOUR SIDE

I agree that you need to contact a lawyer.  One option is to use the
forum at Rosen.com.  A lawyer answers questions at the site and I'm
sure you will get the help you need for free.  Good luck.

The forum is at North Carolina Divorce http://www.rosen.com  The
specific url for the forum is http://www.rosen.com/messageboard/

Good luck.

There are so many issues here it makes my head spin. Wow, there are a
ton of things you can sue for! Get right on it, after of the sale of
the home, he'll have funds, --later, who knows?

For now, move out, you can't stop the sale of a home if your name is
not on the title. You can however STAY (if you like) and the new
owners will have to evict you. No one can just come in and forcibly
remove your things, just call the police, they won't allow it. The
police will tell the new owners that they must go through the court
system [eviction process] to have you removed.

If anyone comes in while you are gone and removes your belongings,
this is illegal eviction and you can sue for that too.

I concur with the others, you need an attorney immediately, as in yesterday.