Mortgage payment while separating


Dear bluesky:

Greetings. Move back in, but do not stop paying the mortgage. If you don’t move back in, immediately file an action for equitable distribution and ask for an interim distribution to sell the house and to have him pay the mortgage while he lives there. Yes, it may be expensive, but a foreclosure would be so much worse for you. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.


I moved out to apartment for the separation since the husband refused to move out. But the house is titled under my name only and the mortgage is under my name only due to his bad credit report. He has been refusing paying the mortgage since I moved out. I had to pay the apartment rental and the mortgage. Now I start thinking not paying the mortgage for him anymore. What’s the consiquence could be if so? Is there any law for this situation?