I am out of the house, it is for sale , but until it sells my husband will not leave. He said that he won’t pay mortgage unless I pay my half, which I cannot do, due to the fact that I had to leave because of abuse and get an apartment. Paying my rent and half the mortgage exceeds my income and he knows that…I have asked him to leave so that I can rent it,…he says he’s not leaving until it sells, which means it will probably go into foreclosure. What happens if it does? How many payments do you have to miss to be foreclosed?
Is there a way I can remove him from the premises so I can rent it ? The loan is in my name. It doesn’t seem like I have any rights… Do I ? It doesn’t seem right or fair that he can have control of the house but because his name isn’t on the loan he doesn’t have to pay??? Doesn’t make sense…please advise
Btw. His name is Forrest Newkirk jr. Works at leith Volkswagen Cary…


Your best option to have him removed from the property is to file a motion for interim distribution and ask for the house.

When you fail to make a mortgage payment, your property goes into default. When the bank chooses to put the house in foreclosure is at their discretion.