Depends on the your agreement, If he wants no part of the house then do a quick claim deed that way when you sell the house you get all the profit.
Your husband will not forced to pay you back for the mortgage payments, however if you reduce the principle on the mortgage after you separate that will be your separate property. If you have a lawsuit pending and he does not pay support, he may be liable for arrearages.
Helena M. Nevicosi
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
10925 David Taylor Drive, Suite 100
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.
My husband has moved out and rented an apartment. I will be making the mortgage payment on our joint home from a trust fund payment that I receive. Will my husband be made to pay me back for one half of the payments until the home is sold?