Mortgage responsibilities


#1

if your name is on the mortgage loan and not hers you are the one responsible for making payments. If you fail to pay it will affect your credit, not hers. The only solutions are to have it refinanced into her name, have her buy the house from you/sell her the house so the new mortgage is in her name, or put the house on the market so both she and your son have to move out.


#2

Mal is correct. You are fully responsible for the mortgage payment since you are the sole debtor on the loan. In the event the payments are not being made your credit will take the hit, not hers.

You do need to pay her child support which is based on your incomes, and unfortunately not your expenses. If your wife files suit for child support you can be held liable for retroactive child support which relates back to the date of separation. Be sure to keep a record of what you have been paying, even if for now it is only the mortgage payment.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

thank you for the response. what i’m trying to find out is,although my credit will take the hit(my credit is already in the toilet from a failed business)does she have any leagal grounds? can she sue me for the equity in the house if it goes into forclosure? she is telling me that an attorney told her she could.I know I have to pay child support but she wants me to continue to pay the mortgage too. Is the mortgage payment considered child support? she says it’s not.


#4

Your wife can sue you for half of the equity in the home as part of equitable distribution. If you have the ability to pay the mortgage and you do not it is likely that the court will view your refusal to pay as marital waste, which is one of the statutory factors that would allow your wife to ask that a greater than 50% share of the property be allocated to her.

While child support is not child support in itself, a portion of those funds is thought to be pro-rated to cover what the child


#5

Thank you again. The mortgage is $1050.00 a month and right now I’m only grossing $500 a week (I just started a new job) my income will increase in a couple of weeks(right now i’m still in training)by time I pay my daily living expenses there is very little left.She said she is going to wait until I start making my regular pay( which may be $1000.00 a week gross it will vary) before she takes me to court for support. I don’t think I can afford to pay Mortgage payments,child support and my daily living expenses.what is my best course of action?I told her I wanted to sell the house but she does’nt want to sell(because right now with the economy she would’nt get any equity) she also said if she had to move her and my son where going to Wisconsin. Can I stop her from leaving the state with my son?


#6

You need to continue to pay the mortgage. If that is all you can afford in the way of support currently, then that


#7

I divorced my wife 8 years ago,then we got back together,we never remarried,but we bought a house. The actual loan is in my name but the house is deeded in both our names(she made sure of that)we are now seperated again this time permanently. We have one son together. She and my son still live in the house,I moved out due to the constant fighting.My question is am I responsible for the mortgage payment or is it my deicion if I want to make the payments or not? She is asking for child support plus the mortgage payment.I don’t know what to do.

philip carter