Homeowners insurance


#1

I may be wrong about this but if it’s in both of your names couldn’t you change this back? Would he be responsible for paying the deductible in the event something DID happen, since that would be considered the insurance…or would that mean that he’s only responsible for the premiums?
My suggestion is that you have that clarified with the attorney on the “what if…” catagory when settling ED.


#2

The insurance guy did say I could change it back, then he could change it back, and so on and so on…

I never thought about the fact that he may be responsible for the deductible if we did need to use it. That way it would be his gamble not mine. I think it just needs to be spelled out more clearly. Currently now I am responsible for house repairs as the order doesn’t say otherwise.


#3

If he was previously ordered to pay the home owner’s insurance your attorney could argue that it was implied he would keep it at the same levels, however it is a gray area and your attorney may need to go back to court to address this. There is no specific law that governs this either way.

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

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

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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

Per court order ex husband is to “continue to pay homeowners insurance on the marital home” We have not settled ED so everything is still in both of our names (including the insurance policy). I found out that he lowered the premiums on the policy by changing the policy. (The insurance office said that he could do that himself as it was not something I needed to consent to) Now the policy for our home is not as good as the change raised the deductible in case of a hurricane from 2,000 to 21,000. I live in Dare County so the chances of a hurricane hitting and causing damage is higher than average. I would not have the resources for a 21,000 deductible. The court order says I am to live in the home with the minor children.

Question? can this be settled by my atty contacting his and asking it to be changed back or do we need to go back to court to get the order to read more specificly OR can he legally just change the policy without my input.

thanks