How can I keep my house?

My husband and I are getting divorced. We are separated and have no children, so I thought the process would be easy. It hasn’t been, as he wants his name off the deed but wants money in return. He has suggested refinancing, home equity, etc, but I don’t qualify. He keeps threatening that we should sell the house and that any judge would make us. I don’t want to involve a judge, but I want to keep my home. I’ve always paid the mortgage and for most of the things in it and take care of it. He suggested that we get a legal document stating that he stays on the deed but that I’ll pay for everything and that I will have to compensate him somehow in three years. I want to be completely free of him. Do I have any options?

If the house is marital property (purchased during the marriage between the date of marriage and date of separation), then he is entitled to one-half of the marital equity value.

If you will be keeping the house, you will need to assume the mortgage or refinance the mortgage in order to remove his name from all liability on the mortgage, assuming the mortgage is in his name or your joint names.

If you are unable to assume the mortgage or refinance the mortgage and/or unable to pay him for one-half of the marital value of the home, then practically speaking, the house would need to be sold.

Anna Ayscue

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

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