Advise


#1

It’s not necessarily that the person who qualified for the loan…it’s the person who stays in the marital home. Whichever spouse that ends up being.
NC is a no fault state which means that each spouse is entitled to 1/2 the marital assets and 1/2 the marital debt up to the date of separation. The only time that fault really makes a difference is in alimony.
Yes, when no children are involved the one year one day separation requirement is a little difficult to justify. But it sounds to me as though you do not agree with divorce in general so why would you want NC to make it easier by shortening the length of separation? There are some advocate groups trying to get laws changed, but the ones that I know of are mostly for parents and custody laws.


#2

All of the assets accumulated during the marriage are subjected to equitable division. Generally and equitable division means equal. If the house is solely in her name and she is going to remain in it, she would need to pay him one half of the equity in the house. Meaning one half of the balance after you subtract the mortgage balance from the value of the house.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

If one person is used to qualify for a home then why is it that at a time of divorce one the one who qualified for the loan on her income is supposed to “buy out the other?” How is this typically rectified since I am supposing that there are very few people who can pony up half of the amount of the mortgage value? Or does it mean that the spouse is entitled to half of the principal already paid into the house? My daughter only got the house because of her being a first time buyer and a teacher in the state of NC. The bank would not have let her husband purchase the house since he was only working part time and did not make enough money. How does this work? Why is the state of NC so backwards in its laws concerning divorce? In California people are signing the papers by 6 months after their separations. There is a name for first marriages now it’s so common, called the “starter divorce”. Just wondering what it takes to get laws changed in this state…well, I see people still smoke in restaurants here, so maybe that answers my own question.