Not sure what you mean by buy her out of the house…I believe that you can have the home refinanced into your name alone but if you are still legally married, you will not be able to have her name removed from the deed without her signature.
If you mean, can you pay her 1/2 the equity in the home at the time of separation, yes and that is what she is entitled to. She doesn’t have to accept it, however and may still file for ED for other things or a different amount if she doesn’t believe that what you offer is 1/2.
Are you asking if she can force you to sell the home? Generally if you can afford to pay the mortage and pay your portion of the equity to your spouse, you will not generally be forced to sell the residence.
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
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
no,thats not what i was asking, about being foreced to sell the housw.what i am asking,i want to buy my wife out of our house,meaning give her half the equity in the house,what i am asking does she have to agree to it?
I apologize that I still do not understand your question. There is no reason I can think of that she would refuse to accept the money, however I have the feeling there is more to your question. Are you asking if she must accept this as the final division of your property?
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
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
if i want to buy my spouse out of the house can she stop me?