Mortgage vs deed


#1

Mortgage in my name,have made all down payments and payments on home. Spouse name on deed only. Her income is twice mine. Would court allow me to keep my house?


#2

It is possible that you could keep the house but the court will not look at whose name the deed or mortgage are in or the income of the spouses. The court will equitably divide all marital property, so you would be able to keep it if it is equitable for you to keep it. This will depend on the distribution of all the other marital assets and debts, with the end goal of each spouse receiving an equitable (typically equal but not always) portion of the net marital estate.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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

What if the ex spouse agreed to sign house over and signed the title over but his name is still on the mortgage loan. Other spouse, my daughter, is in process of attempting to get new loan loan in her name only.


#4

If one spouse signs a deed conveying his/her interest to the home, then the other spouse, your daughter in this instance, owns the property. The only way for that spouse, your daughter in this instance, to get the first spouse’s name off of the mortgage is for the spouse in possession of the home, your daughter in this instance, to refinance the mortgage or obtain a new loan(s).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.