Marital Home

Dear phils:

Greetings. Usually the court will force either a refinance or a sale of the house to get the home out of Husband’s name. Of course, the parties could also agree for alimony to be paid and part of the same to be Husband paying mortgage directly for some time period. Thanks

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.

Here is situation:

Wife has physical custody in joint cusody agreement but, the home mortgage is only in husbands name. if, wife cannot refi, does husband have to put his credit at risk and assume the liabilites that go along with holding the mortgage?

How do the courts usually handle this?