Debt and house

North Carolina Divorce Law Divorce and Separation Answers
1

Dear yeldraw:

Greetings. No, unless you negotiate with her to sign the deed over to you, you cannot do that through some court process. Let’s discuss your options…hopefully you had your agreement drafted by an attorney and it contains paragraphs on specific performance and attorney fees (at the least)?

  1. Put the house back on the market immediately, so that you are not in breach also.
  2. File an action against her for Breach of Contract.
  3. After determining if you are eligible by speaking with a bankruptcy attorney, you may also be able to file for bankruptcy.
  4. Contact the companies that you owe funds to, discuss the options with them and the situation, and get them to agree to a new payment schedule with you.
  5. Negotiate a new amendment to the separation agreement, which must be properly executed with a notary.

There are other options, but these are the best. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.

2

Well, the divorce was final on 25 Oct 04. In the court signed seperation/debt division agreement, my ex-wife said she would take sole responsiblity of some said debt. The debt was clearly listed by bank and account number. Also it said that the house would be put on the market and sold and the equity split which is about 20,000. As of the court date on 12 July 04 the ex has not paid one bill payment. When I found this out I took the home off the market. I had no where to go with my children. Which I have primary custody. The house loan is in my name only, she is only on the deed because of the marriage. As of the 1 Nov 04 I found out she file bankrupt Ch 7. My question is the bills with both of our name on them are going to come back to me more than likely. Is there a way to make her sign the deed to the house over to me, to compansate for the credit card bills that I will be getting back? The bills are about the same as her half the equity.