Divorce


#1

Yes, the mortgage is a marital debt. If she continues to not pay her half then, if you fight over the house her share of the equity will be reduced by the amount she owes you.


#2

If she pushes the issue though, any equity built up after the date of separation belongs to you alone. What you have been paying since that date will not be to her advantage. It is marital debt but if she has not filed for ED and if there is no issue with you “buying her out”, then I would say it would be more costly to take ED to court to have her pay you 1/2 the money.
Have the home refinanced if her name is on the mortgage so that her credit is no longer tied to yours, have her sign her name off the deed…(I can’t remember what the form is, quit claim maybe),consult with an attorney and make sure that you are protected.


#3

Yes, a quit claim deed will get her off the title. Will not get her off the mortgage. You will have to refinance to do that. Can’t refinance without the Quit Claim Deed. Also, if worded properly it may cut her out of the house entirely. Depends on the wording.


#4

She is not responsible for half the payments that you have made, however she may owe you a duty of support if you earn less money than her. Before the divorce is finalized you need to deal with all your outstanding property issues, including the equity in your home, otherwise you will be left without a way to deal with these issues.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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.


#5

so what you are saying is that all the equity that I have gained since she left, she is entitled to half of that?


#6

No, the reduction of the principle balance on the mortgage is your separate asset.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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.


#7

My wife and I have been seperated for a while now. She is wanting to go through with a divorce. My question is concerning our home. I have been paying on it ever since she left. Is she responsible for half of the payments that I have been paying since the day that she left?