Home repossession


I have moved to Florida from NC with my son to live with my parents for financial and emotional support during the divorce process.

My husb and I own a house in NC that is now unoccupied, since he moved out first. We have together about the same amount of equity as we do credit card debt. If the house is sold, do I “have” to use my share of the proceeds to pay off what he claims is my 1/2 of the debt?

What if he quits making the house payment and the house is repossessed by the bank? What options do I have then?

Thank you so much for any advice!


You do not have to use your share of the equity to pay off debts unless you have a binding separation agreement or court order that requires you to do so. If the house payments fall behind I would suggest you file an action with the NC courts for equitable distribution and seek an interim allocation of debt ordering that he contribute to the mortgage payments.


So, since I don’t currently have an income, can I not get court order to force him to continue full payments until house is sold?


I cannot predict what the court will award, but you may seek such an order.


My husband has threatened to move back into the home now. I haven’t lived there in about 4 months, but can he do that?


He can.


He can move back in even though most of my furniture is still there? Can’t I get some kind of restraining order or do I have to move back in before he does?


If no one is living in the home he may return. You may return to collect your furniture before he moves back in.