This is complicated. I am in the middle of a divorce. Separated for 10 months. We are trying to sell our house. We were approved a short sale and received an off which we accepted. We sustained major damage on the house during the hurricane. My ex is not in the states, I am not on the mortgage but am on the deed. Orchestrating the repairs on this house is overwhelming. What happens if I just walk away and let the bank or the ex handle it?
I am assuming the house is marital property in that it was acquired during the marriage. Even though you are not liable on the mortgage, your spouse could hold you responsible for intentional destruction/waste of value of marital property (the house in this instance) by walking away and letting it go into foreclosure.
If during the separation you have had possession of the house, you should attempt to sell it for a fair price under the circumstances so that that portion of the marital estate is not devalued and can be equitably and adequately divided.
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.
Yes the house is marital property. I have not had possession of the property. According to our separation agreement, he was living in the house, paid all the household bills and was responsible for any and all expenses associated with the house. I had to rent an apartment. After being in the house alone for a couple of months, he was deployed out of the country. I tried my best to keep up the property and get it ready for sale so we could move forward as soon as possible. But now I find myself alone here with no home due to the fact that my apartment was also damaged in the storm. I have no help from him overseas in getting this house back to sellable condition. Due to the fact that I am using a military attorney to settle the divorce, I feel that I am not getting complete answers on what my responsiblity is in this matter and I am not in a position to hire my own attorney. Thank you for your help.
If you have a fully executed separation agreement (both of you have signed and both signatures are notarized) and the separation agreement states that the house is distributed to your spouse as his sole and separate property, he is to be solely responsible, and you are to sign the deed to the house, then you have no obligation under the agreement to assist with the repairs. However, if you still own the house and if the separation agreement calls for sale proceeds to be divided, then you should continue with the repairs in order to sell it for the best possible price and maximize your investment return on the house.
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 so much for your help. It is greatly appreciated!