House during seperation


#1

Hi,

My husband and I are seperated with the hopes of getting back together, but the future is stil unknown. He currently owns the house we were/I am still in, as well as several other properties and his own business. He is paying the mortgage and also a small monthly stipend to help with household bills, as am a pre-school teacher who’s hours just got cut back. He is currently living in a posh North Hills apartment. My main question to you today is what are my rights to stay in my home during seperation? He told me that the bank will make him either sell or refinance the house after it is not his primary residence for 6 months. I thought I would at least get to stay in my home during North Carolina’s mandatory 12 month wait before he can actually file for divorce. Any help on this topc is much appreciated!


#2

Not an attorney

Why would the bank make him sell the house? As long as the mortgage is paid they don’t care who lives there . From experience , he can’t kick you out ofthe house, and you can’t kick him out…but since he has a different residence, you can change the locks ifyou want to.


#3

Actually there are certain loans that are made under the requirement that it be your primary residence. Giving loans for non-primary residences carries more risk for the bank (and usually a higher interest rate). It’s customary for most home loans to ask if it is a secondary home or a primary residence and most mortgage contracts include language defining those parameters.


#4

My name was the only one on the house loan. I left and got an apartment, he stayed in the house,I was still responsible for the monthly payments. They knew I didn’t live there anymore, the only thing thy were concerned with was getting their money.
I asked for a short sale and they said no because I didn’t live there.


#5

While some banks require that a property be used as a primary residence in order to qualify for a loan, I have never heard of a bank forcing a refinance due to a separation.