House issue

My divorce will be final probably Monday. I could not afford an attorney and husband did not mention house or belongings in divorce papers. I am not on the loan but on the Deed of Trust and have been living in the house alone for over 2 and a half years. It is in foreclosure at this point. Can he kick me out once the divorce is final? Also I have a restraining order on him.

No, your husband cannot kick you out once the absolute divorce has been granted if your name is also on the deed to the house (this is different than the deed of trust). You can check with your county’s register of deeds office or their website to determine if your name is also on the deed to the house. If you and your husband bought the house during the marriage, your name is likely on the deed as well.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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