Equitable Distribution

Dear Sandy,

I’m glad you have found our Divorce Forum helpful! To answer your questions, you could walk away from the house and leave the debt issues to him to work out. However, to a court, that’s not going to look good for you. Instead, what you probably need to do is file a Motion for Interim Distribution of the house to you, and ask the court to order the house be refinanced within a certain period of time. Then your husband would have to follow through on the refinance, or face sanctions by the court.

Your husband could drag things out, but the Interim Distribution could help you in the short term to get the house debt taken care of.

Good luck,

Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
email: sstanback@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 but a full discussion with an attorney should be undertaken before taking any action.

I have completed all of my forms for Equitable Distribution for my attorney to file. It has always been understood that I would keep the house and have been making the payments for the past three years in my spouses absence. I want to finally refinance the house at the current low rates, but the ex has refused to cooperate. He stated yesterday during a conversation that he has no intention of completing any Equitable Distribution forms and will refuse to sign his rights from the house. This is not because he wants the property, he has been totally uncooperative every step of the way. Drugs and alcohol are involved.

Although my attorney is very capable and helpful, I hate to call him every time my ex drops these pieces of wisdom on me, so I am turning to the anonymous message board.

I am following all the rules of separation and completing all items needed to facilitate this divorce. How long can he drag the Equitable Distribution out? Can I force him to allow me to refinance the home in a timely manner? If not, what action can he take against me if I chose to walk away from the home to purchase another? The current loan is in his name, the deed is in both our names, so my credit isn’t effected, but I have been treating all debt as my own since he left and have stated on my Distribution form that I want the home for myself and the kids.

Thanks for your help, I have used this board a few times and it has been extremely helpful.