It sounds like you need to file a lawsuit and ask the court to order that the house be put on the market.
Generally, the spouse that earns more money pays alimony to the spouse that makes less money. However, there are circumstances where a dependent spouse would not be required to pay support. In order to tell you how those specifics would apply in your case, it would be wise for you to meet with an attorney and your circumstances.
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
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.
I separated from my husband in July. In December he confessed to using drugs (crack). I have been going to the Hopeline (counseling for abused women since November. Although I was never physically hit, I was being woke up every night around 10:30 and yelled at for an hour or more. I am a nurse and I have to get up at 4:30am so this was a real problem for me. In December, I ask him to leave and if he would go to rehab and prove that he could be clean and live right I would let him back. He did go to in patient rehab and used the “I found God card” which I fell for Hook, Line and Sinker and let him back in Jan. In April he began the same pattern of controlling everything, yelling and so forth. May, I ask him to leave again and said I wanted a divorce. My 14 year old daughter,not of this marriage, would not come home (she stated with good friends) from the end of May on. He refused to leave or let me buy his half of the house or put the house on the market. Of course, he said he would buy my half of the house. I explained to him that at $12 hour it was not possible to get a loan for $200,000 but he insisted. July, I left. In turn, he refused to sign the separation agreement because he needed some changes to be made. He wants alimony. I am the larger earner but he made my life and my daughter’s life a living hell. I did get him to sign a Free Trader Agreement so I could purchase a home. In turn the other home loan is in my name and needless to say he hasn’t paid a penny on it. I made July’s payment but August has not been made ( this is the first time I have not paid a bill in my life and I am very upset about it). Although he calls me and leaves 10 messages a day on my cell, work and home phone, he has no interest in discussing making a mortgage payment. Please tell me that I will not have to pay this man alimony. We were married in Sept of 1998.