Joint debt

North Carolina Divorce Law Divorce and Separation Answers
1

I have been separated for 7 months, no separation papers have been signed yet. my draft was sent to his attorney in April and the only response back was asking for my finanical papers to determine my alimony request /amount. I have seen no draft from him.While he was still in the house, He told me he know longer loved me and was going to leave. I suspected him of martial misconduct and followed and videoed him meeting up with her, and have pics with them in each others arms and kissing. When he came home I told him to leave.

We have been paying our own debt bills and splitting our joint bills down the middle, house and 2 mortgage. I got an email from him friday saying he was no longer going to pay his share of the mortgage

since he did not live there and if I wanted to keep on living there he suggest I find a way to pay it all.

My question is : do I have any legal ground to stand on to make him live up to his responsibilities with this mortgage, he will not sign off on the house because I am asking for alimony. We have been married 31 years, he has always made more than I , now he makes twice what I make and he was comitting martial misconduct while still in the home.

If he does not continue to pay his share until this is resolved the house will go into forclosesure .

2

I think you should definitely file for alimony. It sounds like you are entitled to that, and to post-separation support from him as well. Regarding the house, you should file an action for ED if you have not already, include a motion for interim distribution of marital debt, seeking an order that STBX pay the mortgage and keep the payments caught up. As part of a final ED you can seek that he refinance the home into his sole and separate name thereby removing you from the mortgage (or vice versa), or in the alternative, that the home be sold.