Getting out of the house


#1

I am not sure what you are asking. Is he paying you alimony prior to the time that you have separated, in addition to 80% of the mortgage?

If you and your spouse separate he does not have the right to charge you rent if you remain in the residence. He may owe you child support and alimony, but the court will generally leave him some income so that he can afford to live on his own as well.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Once the house sells then the alimony will go into effect. I don’t want to take him for all he is worth.He is upset b/c w/ mortgage and child support it only leaves him w/ $400, which only covers car payment and gas bill.
Will the court allow him enough to get an apartment? What I mean is will they cut child support some or cut the amt of mortgage that he pays? Being that I work FT and make a reasonable amt of money.


#3

If he is only left with $400 after he pays child support and the majority of the mortgage they will likely reduce the amount he pays towards the mortgage. However, I do not have enough facts to tell you that for sure.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

If he pays right now and has been 80% of the mortgage, what rights does he have? Can he stay? Can he demand rent so that he can afford a place to stay? At this point w/ paying child support and alimony there is no room left for paying bills. Which means he can’t afford an apartment and has no place to go. He is also only getting the kids part time.
Also as for selling the house, can he box my things up? There’s arguments of being too comfortable and not doing our part to sell the house. What can be done to get someone “uncomfortable” and get them to help in selling the house?