DOS: 3/12/21
Marital Home: Jointly owned - both names are on loan and both on deed
My ex is currently living in the marital home and the judge awarded the house to her. There were no other details determined by the judge in the hearing (I.e. how long she has to refinance the mortgage, etc.); NOTHING other than ‘it’s hers’. We do have a decent amount of equity in the home and we are almost done with the last piece of ED (valuing her Business).
She caught up on the mortgage payments just after the hearing. Her attorney sent me an Order that contains tons of details that are in her favor (I.e. nothing about refinancing the mortgage and/or selling, etc) as well as blatent lies on items related to the mortgage (I.e. the SHE was the one who applied for a forebearance and kept up with the monthly check-ins for 6 months, but in reality I was the one who did all of that).
Another piece that is really throwing me off is that her attorney sent over a Deed of Trust for me to sign! To my understanding, this would completely remove me from the mortgage (ownership of the property), but I would still be on the mortgage and as far as the Order is concerned, I could be on the mortgage indefinitely (or until she decides to sell in 1, 2, 5, 10, 20+ years).
I feel like the lies in the Order and the Deed of Trust are going to screw me over somehow when it comes to the ED hearing. She has been telling me for over a year that I will not be getting any part of the house and I feel like her attorneys are using a strategy to somehow make that happen.
Am I missing something here? Can they force me to sign a Deed of Trust without any stipulations of getting my name off the mortgage? Do I need to petition the court for something?
If you had an interim distribution hearing where the judge distributed the house to her, then the judge would not have necessarily also determined that she refinance the mortgage. That would come during final equitable distribution.
Typically in a final equitable distribution order or settlement the party keeping the house would be required to refinance the mortgage to remove the other party’s name within a specified period of time (usually 90-180 days after the entry of the order or execution of the separation agreement), and if the party keeping the house can’t refinance in that time period or doesn’t refinance in that time period, then there is a forced sell provision of the home in order to pay off the mortgage and remove the other party’s name.
A quitclaim deed or special warranty deed would be necessary to remove your name from the title/ownership of the home. No deed will remove your name from the mortgage. Only a refinance or satisfaction of the loan will do that.
If you only had an interim distribution hearing, then you will want to make sure that any marital interest you have in the home is preserved for further hearing.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Thank you for your reply! It really helped clarify a few things for me during this time. I do have another quick question, if you don’t mind. Please note it’s in direct relation to the ID of the marital residence noted above.
Since the ID order for our marital residence was filed in July, my ex has not been making the payments on time, before the due date of the 1st of each month; however, for the most part they have been made before any late fees were added (before the 10th of the month). It is now October 19th and the mortgage company is sending me payment reminder emails and I have verified that she has not made October’s payment to date and it is officially passed the bank’s late payment grace period for the late fees. She’s approaching two weeks passed, actually. The order doesn’t seem to state anything about timely mortgage payments (since the mortgage is in both of our names) or what happens if she is late and/or completely defaults.
My question is: What legal rights do I have where things stand at the moment since the house was distributed to her for the interim and our ED hearing isn’t until next spring? Do I have the right to file for a redistrubution of the ID for the marital property and to ask that the it now be distributed to me?
If the interim distribution order does not state who is supposed to make the mortgage payments or who is to be financially responsible for the mortgage payments, then you should make the mortgage payment so it won’t affect your credit but keep track of any mortgage payment you have to make as that should be counted in final equitable distribution.
If the interim distribution order does state that your spouse is to be responsible for all expenses of the house, then you can file a motion for contempt (motion and order to appear and show cause) to have her held in contempt for not performing exactly as the court order requires.
You can file a motion for another interim distribution, but it’s not likely you could be heard quickly or that a judge would reverse the interim distribution which could displace your spouse.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.