We refinance our house this year (2020)! A VA loan where my husband is the sole borrower, however, the title is in both our names. I want to keep the house but only if its feasible for me to pay through a new loan I would have to get. But if not, can we sell the house and get whatever out of it. Plus, do I have to leave the home because he’s in a better shape financially?
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Either of you can keep the house in the separation/divorce since it is marital property (acquired during the marriage). You do not have to leave the home because your husband is in better shape financially.
Who keeps the house or whether it is sold must be a mutual agreement between you and your husband or a judge can order what happens.
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.
In addition, can either one of us be brought out if agreed. Also, I have a separate real estate property that I inherited in my name only. I know he doesn’t have any rights to it, but he did paid the property tax on it once with money we got from refinancing how home (which is in both our names) but he is the borrower of the VA loan.
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Yes, either of you could buy out the other’s marital interest in the marital residence that is marital property.
The real property that you inherited that is titled in your name only remains your separate property.
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.
thanks for the awesome information.
thanks my issue has been fixed.
We were married for 10 years, since Jan/2020 my husband he says he’s need space and move out, 3 months later he back and told me he’s filling a divorce papers. In the divorce papers packet he marked doesn’t want anything, I bought the house during marriage but the mortgage loan only on my name, because my husband that time his credit very bad and he just got fired from his job, no income. Few years later he ask me to put his name on the house titled deeds because we’re married, I says ok and both us name on the title but the loan im the one responsible, he didn’t. It’s been 3 years since he moved out, recently he changed his mind and filling another divorce packet want me to sell the house split haft money for him. Since he’s moved out had lived with 5 different address and never help me paying mortgage, and now he knows the house went up worth nearly $500k. He’s sue me for not sold the house which he’s never made any mortgage payments since I’m bought the house. My lawyer seem not help me at all, all she said I have to sold the house and give him half money no matter what…does it’s the true law property always 50/50 no matter who’s take full responsibility financing and other abandonment completely still got haft of interest? I need help …one more thing I need to help, I had 2 sons before I got married with my ex, we don’t have kid together, both of my sons who’s 22 and 28 years old now, during our marriage, we’re both working different shifts, my sons was very young at that time. After they known we’re separated and getting divorce. Both of my sons breakout told me my ex was physically abused them while I’m at work. They says my ex was threatening them saying if they told me he would kill or hurt them more, that’s why I didn’t known nothing about my ex violent hurtful both of my sons as theirs young age. My son even texted me a long messages to telling me what happens my ex abused them, liked kicking my son in the stomach, pick my son up thrown him on the bathtub or closets…… very painful and my sons have to keep quiet don’t let me known because they was too scare my ex will kill them. I’m very upset and couldn’t even read all of the messages, I’m very in pain and crying out almost can’t breathe and my heart almost rip out of my chest. How could a man I’m married do the best wife for years and he’s end up hurting my kids? Do I blind for married a monster? My sons told me he’s only nice to them if I’m home, if I gone go to work and he’s turning to a monster. Is any chance can I still open a cases for domestic abused both of my sons ? The incident was over 10 years ago and now both of my son are grown but still remembered how evil my ex damages them, my younger son he’s now 22 years old told me he’s still suffering with emotional for what my ex did to him. His attitude and his life never be the same and he get upset most the time because of that abused. I need help and guide me what I have to do to bring my ex to the justices, not for the revenge but let the world known how truly he is, and warning the next victim he would did the same as my sons. Please help…
If you bought the house during the marriage, then it is marital property and he is entitled to half the value regardless of whose name is on the mortgage and who paid or did not pay for it.
You can pay him half the equity and you keep the house with the deed in your name only or you can sell it and he gets half the proceeds, except you would get a credit back for the principal paid on the mortgage between the date of separation and the date of closing.
Unfortunately there is likely nothing you can do legally about the abuse your sons are now telling you about. If he committed any felonies and it can be proven, then you may be able to talk to law enforcement about charges.
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.