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What You Should Know About Being Forced to Sell Your Assets in a Divorce

What You Should Know About Being Forced to Sell Your Assets in a DivorceIn October of 2025, a UK judge ordered Michael Fuchs to sell a £36 million mansion – worth approximately $48 million – and turn over the proceeds to his ex-wife, Alvina Collardeau-Fuchs.

Michael Fuchs was ordered to do this for one reason in particular: he used a sham tenancy to prevent Collardeau-Fuchs from receiving her fair share of the marital assets. To ensure compliance, the court required the property to be sold.

By reviewing the four key facts regarding high-asset divorces and speaking with a Charlotte divorce attorney, you may be better positioned to protect your financial interests and pursue a fair outcome.

Key fact 01: The court may compel a sale if a spouse won’t cooperate

In North Carolina, a court handling equitable distribution must first classify and value the asset, then distribute it. In some circumstances a court may order a sale and divide proceeds.

Returning to the article linked at the beginning of this piece, Michael Fuchs failed to honor his legal obligations. In doing so, his former spouse, Alvina Collardeau-Fuchs, was unable to receive some of the benefits to which she was entitled.

Your situation may differ from the above. But, if you and your soon-to-be former spouse share a beach house, and they attempt to use fraudulent contracts to prevent this home from being divided, the court may order a sale with the net proceeds distributed between spouses, or award the asset to one spouse with an offsetting distributive award, depending on what is equitable.

If you want to set different property rules, consider a properly drafted marital agreement, for example, a premarital agreement. This can protect those assets from being divided, although this is not always a possibility.

Key fact 02: Spouses can use deceptive transactions to shield assets

Spouses can use deceptive transactions to shield assets and, in doing so, prevent the other spouse from receiving them. Some of the ways these deceptive transactions can be dealt with are as follows:

  • Asset tracing. This is when a forensic accountant looks at financial transactions and identifies assets that have been hidden.
  • A spouse can take a complex asset, such as a business, and undervalue it so that you receive less than you are entitled to; you can fight this by having a professional value a complex asset.
  • International holdings. Even if property is located outside North Carolina, it may still be considered for equitable distribution, though enforcement can be complex.

Key fact 03: Courts may require financial support even before a final divorce judgment

North Carolina courts can order postseparation support while the case is pending, and may later issue a final alimony order after further proceedings. Pre-finalization support may be temporary and subject to change once the divorce is finalized, or it may continue as part of the final alimony award. Working with an attorney can help you seek financial support during the divorce and protect your long-term interests.

Key fact 04: The court’s perception can greatly influence enforcement and remedies

Michael Fuchs was deceptive in his actions. The court does not look favorably upon deception, and as a result, his credibility was greatly diminished in the court’s eyes.

If your spouse engages in deceptive practices, and you can prove that they did so, there is a strong chance the court may use stronger enforcement measures or remedies. For example, if your spouse attempts to obfuscate the value of several paintings they own, the court could order the assets sold and distribute the proceeds equitably.

These measures are typically intended to ensure that property division is carried out fairly when the court cannot rely on a spouse’s cooperation. Working with a divorce attorney can help you pursue appropriate enforcement and remedies based on the facts of your case.

What to watch for in a high-asset divorce

If you are going through a high-asset divorce and would like to obtain the best possible asset division outcome, you may want to watch for the following:

  • A spouse who resists selling or transferring certain assets. They could be doing this to prevent you from receiving the assets you are entitled to.
  • The use of shell companies, sham leases, and/or hidden transactions to prevent certain assets from being divided or to reduce the number of assets/amount of money that can be divided.
  • International and/or cross-border property subject to complicated jurisdiction laws. These properties could be devalued or manipulated in a way that prevents them from being divided fairly.
  • Art collections, rare assets, and/or illiquid assets that need appraisal. An appraiser could value these assets at far less than they are worth, which could lead to you receiving less than you are owed.

If a spouse engages in any one of the above, the court could order certain remedies. These remedies can include ordering asset sales or adjusting distribution and support awards.

Actionable advice for spouses engaged in a high-asset divorce

If you are engaged in a high-asset divorce, the following advice can help you get your fair share:

  • Use formal discovery/financial affidavits and court orders to obtain complete disclosure of domestic and foreign assets.
  • Use forensic accountants and valuation experts to identify hidden assets and values.
  • Look at side agreements, leases and contracts, primarily for signs of manipulation.
  • Try to seek support and injunctions early on so that the court can preserve your rights.
  • Understand the risks of noncooperation. The court could force certain assets to be sold, for example.

The examples above may help you obtain your fair share of the marital assets.

Contact a Charlotte divorce attorney

If you are going through a high-asset divorce, you may want to obtain legal assistance. The team at Epperson Law Group, PLLC can help. Contact a Charlotte divorce attorney today. We are ready to help you obtain the assets, support, and remedies to which you are entitled.