Few Questions

North Carolina Divorce Law Divorce and Separation Answers
1

  1. What information do I need to have to prove the move out date for my stbx? When he moved out of our home he moved in with his parents and did not put in a change of address form for over a month later.

  2. I purchased our home prior to marriage and the deed has never been changed. We have refinanced the home in both of our names a few years ago. I have been the one to maintain the mortgage payments and will reside in the home after the divorce. Do I have to refinance again in just my name in order to relinquish any of his rights to the home?

  3. The loan for my car (I’ve always paid the note) is in his name, but the title is in both of our names. What do I need to do to have complete ownership of the car?

  4. How do I remove my name from his student loan he had prior to our marriage. At one point we were going to combine our student loans, but changed our minds once we saw the payment. His loan company is saying that I am responsible because I signed a promissory note even thought we cancelled the loan.

Thank you in advance for your help.

2

When you file for divorce your sworn statement that he moved out on a date certain will be enough to move forward, unless he contests the date. If he does, you will have to have other evidence (ie testimony of someone else who knows when he moved out), it will then be up to the judge to determine the true date of separation.

The home is your separate property, however there may be some martial interest that your spouse has a claim to (any active increase in value occurring during the marriage). You should plan on refinancing the home to entirely separate your finances.

As for the car you need to either have a Separation Agreement that requires him to execute title to you when the loan is paid in full, or a power of attorney in which he gives you all rights to the car.

Your ex will have to refinance the student loan in order to have your name removed

3

Thank you for your help. Is there an official form that I need to fill out for the seperation agreement or is it just something that we agree on and have typed?

4

There is no official form as each Agreement is specific to the parties. There is a sample agreement on this site that you may use as a “go-by”.