Commonly it would be worked out that you are able to stay in the house. He wouldn’t be able to go through closing if he sold the house without your signature or some sort of written authorization since your name is on the deed. Is your name also on the mortgage?
In NC child support continues until the child has turned 18 and graduated from high school though there are some conditions when support continues longer or other cases when financial arrangments are made to contribute to their college education and expenses.
If both parties are on the deed then both of them would need to sign a deed allowing the house to be sold. Generally, a listing agent will not put a house up for sale without the signature of both parties. Theoretically, he could put it on the market without your signature, however, he cannot sell it without your knowledge. If you have ever granted your Husband a Power of Attorney, you should be sure to revoke it.
The judge may very well allow you to stay in the house to provide stability for the children. However, if cannot afford the house even with spousal support and child support it may need to be sold.
Child support terminates when your child turns 18 and graduates from college, it does not continue through college.
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.
Can one of the spouses put the house up for sale without the signature/approval of the wife if both parties names are on the deed?
I don’t trust my husband to make his child support payments and want to go through the courts to have everything settled. Would a judge allow me and the children to stay in the house? My oldest child has lived in this home since she was 18 months and my youngest, this is the only home he has known.
When my daughter attends college in two more years and turns 18 the father still has to provide financial suppport during this time, is this correct?