Less then two weeks ago wife left me in a ruse of fear for her life. My consultation with attorney has labeled it as a ruse due to details of her actions and lack of history. She will not communicate on repairing marriage at all and is in full business mode for separation agreement. we carry a lot of unsecured debt. I own and am paying for our three cars and handled all bills except for house note and utilities. house was purchase one year prior to marriage with both names on deed and only her on loan. she wants me out of house. she has requested i sign over the house and leave or buy the house and pay the utilities.she will not talk about division of other properties without settling the house first. she comes in the house twice a day while I am away at work. I can only see her work stuff, clothes, and some food gone. I offered the cars to her she took her car and had the loan switched to her name. I can not afford to pay my load of the bills and pay the mortgage and utilities. I looked for another place and the market is very high right now. it is cheaper to buy then rent. Pickings are slim in my price range with current debt. I feel like I am being rushed and pressured to make a decision.
1 Can i secure the house?
2 Does she have to continue with her share of bills when she was in house? Mortgage and utilities?
3 How long can I stay in the house?
4 Am i responsible if she faults on the house loan?
5 I want to offer her the price of car loan towards the mortgage and utilities. good or bad?
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If she is no longer spending the night at the house and has communicated that she intends to be separated, then you can change the locks and notify her of this but be willing to allow her back in at a mutually agreeable time so she can collect her clothes, personal items, etc.
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Typically the spouse continuing to reside in the home is responsible for its expenses. It’s not required that she pay the expenses from when she was in the home but you may be able to negotiate back any expenses that you had to kick in and pay due to her leaving the home.
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You can stay in the house until you have a separation agreement or court order that states that you will move out by a certain date or time.
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No, you are not responsible if she does not pay the mortgage since the mortgage is only in her name.
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It would be a better idea to look at all of the marital assets and all of the marital debt together and balance a distribution of each asset and debt in its totality.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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