Home for sale


#1

If your husband won’t cooperate with signing a separation agreement where that debt is his responsibility, you may need to pursue an Interim Distribution of the debt from the court. This would result in a court order saying he has to pay something toward the mortgage (it may not be all of it), and the payments that have not already been made. Talk to an attorney in your area about the details of your case.

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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.


#2

What legal rights would I have if my soon to be ex doesn’t keep up with the mortgage payments? He still lives in the house and I moved out. We do not have a signed separation agreement and I heard from another family member that he has not been paying it and I’m afraid if it gets foreclosed on, my credit will be completely ruined. Can I legally make him pay the payments? Yes, he can afford them, just doesn’t pay. He won’t put the house up for sale or agree to let me sign away my rights to the house.