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If you do not think there is any equity in the house, then you could hire an appraiser or real estate agent to provide an estimate of the value of the house. If the value of the house is not greater than the money owed on the mortgages, then there is no equity. Your wife is liable for any debts that her name is listed on as a debtor.
Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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.
My wife and I have been separated for 6 mos.We were married for 24 yrs.We have three sons ages 14,17,and 20.She has her own place of residence and has been paying part of the mortgage and a separate equity loan on our house.She informed me as of June she was not paying these anymore because she does not live there anymore.She wants to sell the house so she can get half the equity.I want to keep it.The payments total about $1100.00 per mo.She quit a job as a nursing supervisor making 45-55,000 per yr.She now works in emergency room making about the same as I do (18.00 per Hr)I’ve talked to three mortgage companies who told me after payoff of these loans there would be no equity because we refinanced two years ago.But she keeps pestering me about giving her a value on the house because that is the only way the lawyer will give her the separation papers.By the way she left me one weekend I was on a fishing trip I came home and she was gone,no warning or anything.Is she responsible for half these payments.I don’t know if any of this makes sense,but as my name says I am about nuts