Legal aid should help you. I do not understand why you cannot call Legal Aid for advice. If he signs the property over to you, it is yours and he gives up all rights. Perhaps you should get him to do that, then sell it if you can. You can file on your own for the divorce and also for child support and alimony. I understand that you do not trust the Court System. It’s not what it’s supposed to be, but don’t bail completely out and end up with nothing! Your “husband” has to support his children. Go to Social Services. They can help you get child support at least. I wish I had some answers, but the Court, the lawyers, messed my life up too. Good luck.
If hes willing to let the house go you can have a Quick Claim Deed done by any attorney for aout $150 that will give you all right to the home, so you will be responsible for any and everything that gots to do with the home he will have no right at all. I take it the home has negative equity is the reason for not refinancing?
He says can sign over the house to you, but I don’t think it would be legal. I believe that the deedholder has to have their name on the mortgage. Your best bet is to get away from him if he’s causing you fear.
If your name is not on the mortgage he may not be able to release all his interest in the property to you. You will need to contact the mortgage company and make sure he is legally able to deed his interest to you.
If he has moved out of the residence he cannot force you to leave. In fact if he has left the residence and is living somewhere else, you can prevent him from returning. You need to tell him that you do not want him to return. If he does you can have him prosecuted for domestic criminal trespass.
If the debt is joint you will need to deal with that issue before the divorce is final, if the debt is not in both names and only in his, if the divorce becomes final the debt becomes his issue only.
If you cannot afford an attorney I would attempt find a community based mediation program in your area, or try to file a lawsuit and bring the issue before the judge “pro se.”
Helena M. Nevicosi
Attorney with Rosen Law Firm
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
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
I have been separated from my spouse for over a year. WE agree to divorce but not debts. I fisrt can not afford an attorney. I can not even afford the consult. I have two teenagers from previous marriage and the Child Support I am getting pays mortagage Bill. Can not get assistance for services.
So trying to do divorce and split property. The house is deeded to us both but the loan is in his name . He wants to sign it over to me. I can not refinance but have been making the payments.Like I am a renter. Can not get loan in my name due to bad credit. If I get property signed over he stillhas rights? Cause right now when he gets mad or drunk he threatens to kick me and my girls out. Saying this is his house. I should be grateful that he allows me to stay.
I do not want alimony just want to get this over with. So I am tempeted to take on all debt but will have to file bankruptcy so he will sign over home and leave us alone.
Please help. I do not trust attorney’s very bad experience with the last two…and the court system.
Thanks for any advice for anyone willintgot help me. It is hard to leave off 600 a month with 2 kids and panic…
Regards, Ann in Franklin Co