Marital Property Questions

North Carolina Divorce Law Divorce and Separation Answers
1

Hello! Any help with these questions are greatly appreciated :slight_smile:

We purchased the house after marriage. My name is on the title, but the mortage payments/credit is solely in my husband’s name. I was told that he cannot sell or rent the house without my approval/signature to do so, is this correct? Also right now he is late sending the payments to the mortgage company and we are trying to catch back up. If the house gets foreclosed for any reason am I financially obligated? Also, when we do end up selling the house and we get it for less than it is worth, do I have to pay the difference or is he financially obligated to pay the difference?

Last question… he purchased a car, that I am now driving, before we got married. His name is on the title solely and he is solely making the payments. Can he take the car away from me?

Thank you!

2

The home is martial property, and cannot be sold without your consent.
Since the mortgage is not in your name, you will not be held personally liable by the mortgage company for a deficit, however if your spouse sues you for equitable distribution, the debit/deficit is martial and can be distributed between the two of you.

The car is his separate property, and can be returned to him.