We have been legally separated now for 3yrs. He keeps trying to manipulate the system and tells me that the marital home that both of our names are on the deed, his only on the mortgage, that from the day he moved me out of the home, I no longer have any interest in the marital home. Keep in mind he does not have attorney any longer, he never paid him. Hard to explain the ? but hopefully you get it. In other words, what are my options 3 yrs later on that deed. I keep asking him to sell, he refuses cause he dont want to leave his friends.
Since the home is in both names, and I assume was bought during the marriage, then it is marital property to which you are entitled to one-half of the marital value. It is irrelevant whose name is on the mortgage or who lives there now.
He would be entitled to credits for the principal reduction of the mortgage during the separation period and any improvements he’s made after the date of separation (assuming he’s been paying the mortgage exclusively and assuming he’s been the one to fund any improvements) and that amount would not be factored into the marital property value.
If he does not agree on how to handle the house, then you will need to file a claim for equitable distribution against him so the court can equitably divide the property via court order (this is assuming you are not already divorced).
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.
Correct it was purchased during the marriage. But his argument is that he has increased his debt with credit cards to the tune of 80 k and that if that is the case then he cant buy me out and wants me to just quit claim deed it to him and/or pay half his debts.
Any increase in debt that he caused after the date of separation is his separate debt and separate responsibility - you are not responsible for his separate debt. It would not be acceptable or equitable to count his separate debt as part of the marital estate.
It would likely be a losing deal for you to convey your interest in the marital residence without receiving one-half of the marital equity from it.
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.
Your interest in it stopped the day you left. You are only eligible for the value of the house up to the day you left not what it is now.
That is his exact words in writing to me. Is he correct? Only the value as day of separation.
It would likely be a losing deal for you to convey your interest in the marital residence without receiving one-half of the marital equity from it.
Could you explain the above that you mentioned. A losing deal??
He is only partway correct. You are entitled to one-half of the value of the house as of the date of separation. But any passive increases in value (for example for the appreciation in real estate values) is likely to also be marital in which you are also entitled to one-half of that value.
If you gave up your interest in the home for one-half of his debt, or you walked away with nothing from the house, you could be leaving money on the table that you are entitled to. And in no way are you responsible for his post-separation debt and it should not be factored into the division of the marital assets in any way.
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.
Thank you for all your responses!