Odd separation situation


Dear pyneguy:

You are jumping the startline, so to speak. You cannot file any motions until you have an ongoing litigation. Back to the starting line with you.

First, your question is, “when my wife will not negotiate with me and I am still on the mortgage, what can I do?”

The answer:

If you cannot work out a separation agreement that mandates she refinance or sell, then you must file a lawsuit for equitable distribution to protect your claim. That will allow you to ask the judge to force the sale of the house if she will not refinance. Filing a lawsuit against her also gives you some known dates by which everything in the lawsuit must happen.

My suggestion - make one last offer, telling her that by a certain date if she does not answer that you intend to file a lawsuit against her. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.


My wife and I have been separated since late December, but we didn’t complete or file a separation agreement while we tried, unsuccessfully, to reconcile. I have, for the past month or so, been trying to get her to start negotiating with me to get papers filed. I have given her my proposed separation agreement/consent order, but she has yet to hire an attorney or make any counter-offers. Keeps saying she will, but doesn’t. (She’s the one who wants to stay separated). I had been paying the bulk of her mortgage, but stopped this month. I pay her $400 a month child support voluntarily that we agreed on and I keep the kids two nights a week, plus take them to school in the mornings. I am trying to buy a condo, but can’t close without the separation agreement on file showing I don’t have primary responsibility for the mortgage on the marital property. What, if anything, can I do to force her to the table and get these papers done? Couldn’t I file some sort of injunction or show cause pleading demanding that she show up in court and explain herself?