Court Ordered Sale of Property

[Padric Lynch]

Situation: a seller that I am working with inherited a property and then married her husband. Long story short, her husband does not want her to sell the property, and she would like to sell it without his knowledge and move away (without him). Her prerogative.

This might not be looking too good after speaking to my attorney. He said that NC law requires a spouse to sign a deed for the transfer of real property even though title to the property is held in the name of the other spouse. The only exceptions are: (1) the parties have a prenuptial or postnuptial written agreement; (2) a free trader agreement; or (3) a court order.

How does my seller go about getting a court order? Will she have to split the proceeds with her husband?

Thank you!

-Paddy