Financial Responsibility, Quit Claim and Palimony


#1

I have been married 9 years. I was extremely happy for 8 of them. My husband has for the last several years refused to work in a job that makes any decent money. He wants only to work in a job he ‘always wanted’ and is now working less than 25 hours a week and making less than 550 every 2 weeks. I make close to 185K a year.

The marital home loan is in his name only, however I am on the deed. I want to be free of the financial obligation that has been thrust upon me by his refusal to work. I have another, smaller home where I am the only one on the loan, and we are both on the deed since we were married (not separated) at the time of purchase and the attorney required him to be on the deed. I want to remain in that smaller home. Both homes are in NC, but in different counties.

If we execute quit claim deeds, with each of us removing ourselves from the deed of the other, can I close our joint accounts and be free of any financial obligation to him or the marital home? Am I required to give notice that I am no longer going to pay his bills?

My family is very concerned that he could sue me for financial support as he cannot afford the marital home (or really any home on his pitiful pay) and Realtors have told us it would be a year, at least, to sell it. Since I moved out in early 2012, he has refused to take care of it and it shows poorly. I have continued to pay all bills, as I have for the last 8 years. What are the rules around palimony? He has the ability to work full time, but chooses not to. He has the skills to make more money, but likes his work friends (and I think one of them is the reason for his sudden change in affection, behavior and mood) and refuses to look for another job. I have been funding his IRA for years and earning 95+% of the income.

Child support is, thankfully, not an issue for us.

Thank you for your time.


#2

If the home loan is his name only you are not responsible for the loan. He is. The bank/ mortgage company is going to go after the name on the loan and if payments are late or missed it goes against his credit, not yours.(that’s what Wells Fargo told me) if he sells it, he would need your signature being that you are on the deed, but the loan is all his!!
I am not an attorney. I just got done with this same type of problem, only MY name was on the loan not his.


#3

You might not be obligated to the bank for the loan, but if the loan was taken out during the marriage for marital property (not defined by how the property is titled but when it was acquired), the loan is marital debt.

It sounds like your husband was a dependent spouse even if it wasn’t your choice. If you fail to provide adequate support, and he files suit for support, this may influence the amount ordered and an award for attorney fees.