Gloria,
This is a tough situation you’re in. First, the house is still half yours provided the transfer on the deed was done solely for the purpose of refinancing. You may need to file a law suit to get an interim distribution of the marital assets, especially if you intend on getting the house. Your husband may very well have a legitimate excuse for not refinancing yet. Maybe not. It may be time to get an attorney and get his attention. Circumstances will dictate who will get what. Yours is a complex question to answer. I hope this helps.
Bert
Richard “Bert” Diener
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1535 direct voice
919.787.6668 main voice
919.787.6361 main fax www.rosen.com
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.
quote:Originally posted by Bert Diener Gloria,
This is a tough situation you're in. First, the house is still half yours provided the transfer on the deed was done solely for the purpose of refinancing. You may need to file a law suit to get an interim distribution of the marital assets, especially if you intend on getting the house. Your husband may very well have a legitimate excuse for not refinancing yet. Maybe not. It may be time to get an attorney and get his attention. Circumstances will dictate who will get what. Yours is a complex question to answer. I hope this helps.
Bert
Richard “Bert” Diener
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1535 direct voice
919.787.6668 main voice
919.787.6361 main fax www.rosen.com
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.
Thanks, for the reply. It does not say on the deed that the purpose was for refinacing. He says that he tried and that the bank will not loan him the money. What is a interim distribution of martial assets? With the house being in my unmarried name previously and everything being in my name, mortage, etc. will this increase my chances of getting the house. His name was never on anything. I have been carrying this mortage, and at this time no one will loan me money because this high amount of monthly payment shows up on me.
Interim distribution is a court-ordered division of property or debt before an equitable distribution trial is held.
David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCdivorce.com
(919)787-6668
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.
Before me and my husband married a house was purchased. This was done in only my previous name. Both myself and my husband worked for the same company and the company closed causing us both to lose jobs. The house is only financed for 10 years which give a high monthly payment. We seperated and have been trying to settle between ourselfs. We agree that- he -would get a loan to refinance the house to get the house down to a manageable payment. I put the deed in his name but he has failed to get the loan. The mortage is still in my previous name. I do not live in the house he does. He made it impossible for me to live there. I am going to try to get the house. What is your advise and outlook on this situation.