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.
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
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.