Disposition of house


#1

Dear dasistalles:

Greetings. Let’s see if we cannot help you with your questions:

  1. Possibly, but I would recommend that you first look into obtaining alimony from your wife. If you move a woman in, you may lose your alimony rights.

  2. No, a judge does not have to decide the disposition of the house if you can both agree to how the house should be treated and who should obtain the same.

  3. Sure you could offer your wife half of the value of the house, but you must make sure that the language is drafted correctly in your separation agreement.

  4. Not that I know of, but if you want a complete review of your rights and obligation, you can call our office and set up a consultation with me.

As you know, we do have an office in Charlotte, so if we hear about the same, I will remember to post something here. Have you checked with the court for their needs regarding an interpretor?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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


#2

Thank you so much for your reply. Just three more quick things:

  1. I have no intention of getting a female roommate. I am not about to jump from the kettle into the fire !! But I am thinking of putting up an ad for a male roommate.

  2. I asked a local divorce attorney about the alimony a while ago. She asked me if I had always contributed more or less equally to the house/bills, and how long I’d been out of work. I said yes, and approximately for one year. Then she said no way…that if I’d ALWAYS been dependent on her, 5-10 years anyway, THEN I might have some kind of recourse as far as alimony. But not the way things are. It really didn’t make sense to me, considering that NOW is when I’m in need, not in the past. Also, really things have been looking up here since my last post, and I don’t think I would necessarily need the alimony, especially with a roommate.

  3. You said I would need to offer my wife half of the value of the house. It is valued at about 100,000. Does this mean I would need to come up with 50,000 for her ? This doesn’t sound right, especially considering that there are 18 years left on the mortgage. I was asking about offering her half of the profit from selling the house (about $ 3000), but I kind of had a feeling already that that alone wouldn’t do it…

Thanks again


#3

Dear dasistalles,

I will try to answer your additional questions.

House - When couples separate and divorce, generally one of two things happens with a house: 1) One party stays in the home and buys out the other’s interest, or 2) The house is sold and the parties split the proceeds in some manner.

In your case, your Wife is entitled to 1/2 of the value in the marital home. If you wanted to keep the house, you and your wife could agree in a separation agreement that you will keep it and give her 1/2 the value. On the other hand, you could also agree in a separation agreement that the house will be sold and each of you will receive whatever is left over after paying all the costs related to the house sale. The language in the separation agreement will be very important. If you decide to keep the house and buy out your wife’s interest, it will be best if you wait until after you are divorced to bring in a roomate.

Alimony -It sounds like your situation is very complex, and you could benefit greatly from a consultation with a different attorney. For example, dependency of a spouse in terms of alimony, can be shown by EITHER (a) actual subtantial dependence upon the other spouse for maintenance and support, or (b) one spouse is substantially in need of maintenance and support from the other spouse(which your facts seem to suggest). So, even if you did not qualify as “substantially dependent” a court could still award you alimony because you are substantially in need of support from your wife to maintain the standard of living you had during your marriage.

Scott Corl
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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


#4

Thank you first of all for providing this wonderful service !

I apologize in advance if this post turns lengthy, but I want to give enough information that my questions make sense.

We’ve been together 12 years, married for 10, and been in our house for seven. During the last year, more or less, I could sense things weren’t right yet she would never tell me what was wrong even after 10,000 times I asked. Eventually I just let her be, figuring that she would work it out. Then I went on her computer to her Quicken, and found payments to two divorce lawyers as well as a request of our credit statements. We ended up going to marriage counseling after a confrontation, but it was already too late. It was already over for her. I’m pretty sure that she has someone else anyway.

About two months ago, she left the house and moved in with her sister. Her idea is for me to hire a handyman to do some necessary repairs to the house (which she would pay for)in March, so that we can put it on the market by April.

Here’s my dilemma(s): 1) it was through my efforts as well as my family’s that we were even in a house to begin with 2) it was completely through my efforts that the house was refinanced down to 20 years and a much better interest rate, of which 18 are now left 3) I am physically handicapped following a severe brain hemorrhage 5 years ago 4)my wife left me at the worst possible moment in my life, when I was crippled AND out of work with nothing in sight.

I am working as an self-employed contract courier now, as well as doing Spanish translations for physical therapy & doctor’s appointments. However, both of those are apparently seasonal and very slow at the moment. It galls me to no end that because my wife was willing to just give up, that I should lose the house I fought so hard for and have to start fresh with ANOTHER 30-year mortgage.

My questions are: 1) would it be legal for me to find a roommate to help me with the mortgage, and thus keep the house ? 2) does a judge have to decide about the disposition of the house, even though I could theoretically afford to stay in it (keeping in mind that SHE walked out, not me?) 3) our realtors estimate that we could make about $ 6,000 in profit by selling it. Could I just offer my wife half of that to walk away and leave me alone, or would it be more than that in appreciated value or whatever ? 4) I have not heard a peep from her lawyer, and she knows that I can’t afford one right now. Do I have any other legal obligations at this point ?

Thank you so much, and again sorry about the length. (By the way, I am completely fluent in Spanish as well as German. Please let me know if you have any contacts in the Charlotte area who may be in need of either of those languages. Thank you.)