My husband is trying to keep the house, can he?

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.