There is a home equity line on our home that is only in STBX’s name only. I have had that line frozen because I had to sign saying that they was getting the loan. House is in both names. If we sell house will the home equity loan amount come off the top OR off only STBX’s half?
If you sell the home the proceeds will be used to pay off the loans. In order to have the proceeds distributed in such a manner that the HELOC is paid from her share, you will have to have a Separation Agreement which spells out the terms of division.
Is HELOC considered mortgage or debt??
HELOC, or home equity line of credit, is considered debt in equitable distribution. A mortgage is also considered debt in equitable distribution.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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