Moving out and mortgage responsibility

North Carolina Divorce Law Divorce and Separation Answers
1

To whom it may concern,

I have been pondering the best way to move out for the 1 year separation requirement of NC. Since I cannot afford to pay half the mortgage on the marital home AND pay rent on my own, is there any way to “force” a sale of the marital home?

Second, my wife’s parents paid cash for the marital home. My wife and I pay them every month with interest, but I never signed anything. Only my wife’s name is on the deed. Does this excuse me from having to may the mortgage if I move out? Can her parents sue me even if there’s no written proof that I owe them anything?

Thank you in advance for your reply

2

It seems that the home may be the separate property of your wife, in which case the home is not part of the martial estate and not subject to division. If your name is not on the mortgage, your credit will not be harmed if you move out and discontinue making payments. Her parents have no cause of action against you unless you signed a promissory note to pay them.