Hi Anna, finally I have received an unverified Preliminary Inventory by Plaintiff (spouse). His attorney says that he will send the “verification” by email later. What does the unverified term mean. If you recall, I sent my list of proposed distribution to Plaintiff’s attorney back in Dec. Now the attorney has prepared this Inventory consisting of schedules. What exactly is expected of me at this point? Many of the items on the schedules have values different than what I submitted. Should I mark these schedules up showing what I believe the value to be? When would mediation come into play? Plaintiff’s attorney is suggesting for the small amount of property mediation might be best. Do I wait for mediation to present my revised information to his proposed Inventory of Schedules? Also, it is my understanding if I was an authorized user versus a joint owner on a credit card that I am only responsible for the jointly owned credit card balances, is that correct? Finally he is trying to say there is no equity as of the date of separation on marital real estate which I agree since we had only purchased the house 3 years prior to separation. However, what about the equity in the house since separation? Wouldn’t that fall into the "distributive marital property category? Thanks.
It’s normal to not agree with the values the other side as assigned to the different types of marital property. You will want to go through each of the ones where there is a disagreement and ensure you have evidence to support your assigned value. This evidence would be needed at trial or a mediation session.
Mediation is oftentimes the best way to settle property issues, and mediation tends to be very successful. Mediation prior to a trial, in most cases, is the best route to take.
You can show your valuation evidence to the other side either before the mediation or at the mediation. While you are not tasked with having to prove anything at a mediation, having the evidence available can be helpful because it might entice the other side to agree with your valuation rather than argue it in court.
From a family law standpoint, both parties are responsible for all debt as long as it was acquired during the marriage and for a marital purpose or joint benefit of the marriage. Who the debt is titled to or who the authorized user is is irrelevant. In most cases, all credit card debt acquired during the marriage is considered marital as it is very difficult to prove that specific charges weren’t for a marital purpose or joint benefit of the marriage.
Equity accrued between the date of separation and the date of distribution generally goes to the spouse that was paying on the mortgage during the separation period as they were the ones living there and making payments, thereby decreasing the mortgage, and increasing the equity.
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.
Thanks for the clarification. In this situation, do i just mark on the copies any changes and submit or can i just request mediation and discuss chsnges then. In other words do i have to reply to proposed inventory schedules ahead of mediation. Also i have requested that spouse refinance with cash out option in order to remove my name from mortgage and pay off joint credit card bills. Should i return the proposed inventory of property prior to getting spouse to refinance house? His attorney has listed the house with no value as of date of separation which was true but house has now has equity of about $40,000. Spouse has been one in house paying mortgage; however i was forced to leave due to him threatening to kill my daughter and i. Have only returned twice to retrieve very limited personal items with sheriff present both times. Should i delay returning the inventory until he agrees to refinance? Thanks.
One final question. On valuing the furniture. I researched that average life on furniture for valuing in divorce is 10 years. So i took original purchase price ÷ by 10 years to get 1 year’s depreciation then multiplied one year depreciation amt by number of years from purchase to date of separation. Subtracted that figure of depreciation from original purchase to get a date of separation value. Does this sound right to you?
You are not required to respond to the other side’s inventory affidavit at any time, as long as you have also submitted your own inventory affidavit.
It is best to resolve all issues, including valuation of the property/assets, details on refinancing the mortgage and a cash out option, etc. at the mediation in one big global settlement. For purposes of making the mediation more effective, it may be helpful to turn over whatever evidence you have supporting your valuation of the contested values prior to the mediation.
Your furniture valuation method seems reasonable. However, most of the time in divorce settlements, personal property, furniture, etc. is not valued and is considered that each party is keeping equal value unless there is something of significant value (for example, watch collection, wine collection, gun collection, etc.).
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.
Anna, thanks for your extremely helpful and prompt response. Each response leads me to more questions. I was initially requested by Plantiff’s attorney to send him my “list” of personal and marital property with values back in Dec. of 2019. This week I received Plantiff’s “Preliminary Inventory of Assets and Debts in Equitable Distribution Action” with values. When you say that I need to be sure to submit my Affidavit, does this mean I need to put my typed list/values into the same sort of Affidavit as Plaintiff presented to me? Or can we meditate all of the contents of Affidavit, essential make any corrections and submit just the Plaintiff’s once agreed upon. Does the court need one Affidavit as to property/debts for both parties I guess is the better question?
Mediation - Plaintiff and I had been communicating and negotiating prior to Plaintiff filing for divorce with his Pastor who is a licensed counselor with Plaintiff’s church counseling center. We were able to make progress as the Pastor had been counseling with Plaintiff and knew his issues so the Pastor became invaluable in helping us negotiate. Example - Pastor was negotiating with Plaintiff to allow me entrance into the home for purposes of retrieving my personal assets which had been agreed upon. I would feel comfortable using this Pastor as a “mediator”. Is that possible to request or do we have to have a total unknown? Can mediation (during coronavirus) be held as a Zoom event or does this have to be held in person? I am still afraid of Plaintiff since I left because he threatened to kill me and I had to take out a restraining order on him for a period of time but the Order has since long ago expired.
Values - As far as values once the amount is agreed upon as a total then do the parties go back over the list and decide who is to get what to equal their 1/2 portion? What if one party does not want any of the assets, is the other party required to pay them cash for their 1/2? Are the debts subtracted from the assets to reach a net worth or debts considered separately? Finally, my goal is to get him to refinance the house with a cash out option in order to pay off the debts. How can I accomplish that? My 2 main goals are to get my personal items out of the house (safely), get my name off the mortgage, and as many debts paid off out of proceeds of the cash out option. I am on both mortgage and deed. Can he be forced to refinance? Thanks again. I am in a bit of uncharted waters.
As long has you have submitted your own equitable distribution inventory affidavit (different counties may call it different things), then that should be all that you are required to do assuming your case is in litigation. Having it in the same format as what the Plaintiff in your case did would be a good idea. However, you can negotiate the differences in values from the two inventory affidavits in the mediation.
Unless your county has a local rule that says otherwise, you do not need to file your inventory affidavit with the Court.
When negotiating financial issues related to a separation, as well as custody, child support, etc., it is best to use a certified family financial mediator. Generally this is going to be a family law attorney who is also a certified mediator and therefore very experiences in family law issues and family law negotiations. If your case is in litigation, then you will have to use a certified family financial mediator.
Whether a mediation is held via Zoom or in person is up to the individual mediator and the parties. In Wake County for example, almost all mediations now are being held exclusively via Zoom. I have found Zoom mediations to be just as effective as in-person mediations.
Once all the values are agreed upon, then you can use a balance sheet (Excel spreadsheet) to distribute each asset and each debt, which will tell you whether or not the distribution is equal and if not, who needs to pay what to make the distribution equal. Debts are considered along with the assets for a net worth.
Yes, your plan of your husband keeping the house, refinancing for extra, and using the extra to pay off debts can be accomplished by mutual agreement in a mediation session. Your husband can be forced to refinance the mortgage either by mutual agreement which is reduced to a binding and enforceable separation agreement or equitable distribution court order, or by a judge ordering him to do so after a trial.
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.
Anna, thanks again. So Plaintiff’s attorney prepared a legal pleading entitled “Preliminary Inventory of Assets and Debts in Equitable Distribution Action” so what you are saying is that I should prepare the same pleading and send it to Plaintiff’s attorney but I do not need to file it with the Court. It will mainly be used by mediator to see where we differ on amounts and/or items? Plaintiff’s attorney has a Certificate of Service attached to his client’s Inventory (not yet signed by his client) which serves a copy on the Equitable Distribution Courtroom Clerk and myself. Do I have to send this once I finish it to Court or would this be done after mediation? Who pays for mediation? If you recall, I questioned whether or not the equity in the house should be listed as an “asset” or passive appreciation as of today’s date but you said the valuation of the property would be as of DOS so no appreciation would be considered. What if judge were to order house sold and after the mortgage paid, joint debts paid off, there was a profit on sale. Would that have to be divided equally or would it most likely go to Plaintiff since he has been one in the house from DOS to today? Thanks.
Yes, you should complete your own Preliminary Inventory of Assets and Debts in Equitable Distribution Action and send it to the Plaintiff’s attorney. Generally, unless your county’s local rules are different, you will file a certificate of service at the clerk’s office showing you served the document on the other party but you will not file the inventory document itself, whether preliminary or finalized.
Mediation is usually paid for by the parties equally however, that can be negotiated.
To clarify about the equity in the home: The value of the home for equitable distribution purposes and for equitable distribution inventory purposes is the fair market value on the date of separation, assuming the home is marital property. The increase in equity from the date of separation to the date of distribution is divisible property which is subject to being divided equally.
In your scenario, the spouse paying the mortgage each month after the date of separation will likely get a principal reduction credit, meaning that he/she will receive back the money he/she paid towards the principal on the mortgage (not interest or escrow money) between the date of separation and date of distribution from the sale proceeds of the home. Any proceeds left after that, as well as satisfaction of the mortgage, certain debts paid off, etc., the funds would be divided equally between the spouses assuming an equal division is equitable.
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.
Anna, where is the divisible property (increase in equity) listed on the inventory. Is the equity calculated based on FMV less mortgage balance of date of distribution? In our case, the house was pretty much at even as of DOS since we had purchased the home only 2 1/2 years prior to separation. So the “value” of it is really in the equity from DOS to current date or date of distribution whenever that might be. To figure the equity you have to establish FMV now correct? Would an appraisal be necessary or can simple calculations for increase/decrease in values each of years between DOS and current be acceptable if parties agree to value property in this manner? Thanks. You are my life line during this complex process.
If there is no section to list the change in equity in the marital residence on your inventory list, then you’ll have to create one.
Equity is calculated as the fair market value at the date of separation minus the principal mortgage balance on the date of separation.
If the parties cannot agree on values for the marital residence, oftentimes two appraisals are needed: one for the fair market value of the home as of the date of separation and one for the fair market value of the home currently.
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.
Anna, it’s me again. I have a few questions left for this stage of preparing my Inventory/values.
- I have an additional page of calculations for a schedule like an attachment. Is it proper to call it an attachment?
- I refer to the attachment on the schedule so is it appropriate for the attachment to appear directly behind the schedule it refers to or at the end of the pleading?
- Does this Inventory get filed with the Court now? Plaintiff’s attorney’s certificate of service says that he is filing it with Court and serving on me, although he has emailed it to me. His Certificate of Service also gives address of Equitable Distribution Division of Court as a party to whom he has served a copy. Do I have to file the Inventory with Court? All information I read says that the Inventory does not get filed with the Court.
- If it has to be filed with Court is there a filing fee for filing Inventory? What if I just have to file the Certificate of Service? Filing Fee for that?
- Is it acceptable to serve via email or does it have to be certified via uspo?
- I have added one more schedule than what Plaintiff had since I am showing Distributive Property of the Equity in the house post separation for a period of 6 years. Should this schedule be labed "Distributive MARITAL Property in Possession of Plaintiff since he is the one living there?
Thanks again. Mediation will seem like a walk in the park compared to all this typing and calculations.
I’ve answered your questions in the same order:
(1) Yes, but calling it an “exhibit” may be better.
(2) It would be typical to attach any exhibits at the end of the pleading or document.
(3) Generally an equitable distribution inventory affidavit is not filed at the clerk’s office. But a certificate of service showing that the party served his/her inventory affidavit on the other party is filed at the clerk’s office.
(4) There is no filing fee for either.
(5) Email is not an acceptable method of service. Certified mail is only necessary when a court complaint is first filed. To serve an inventory affidavit or any filing subsequent to the initial complaint, regular mail or fax are the acceptable methods.
(6) It would be appropriate to label such an asset as divisible property.
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.
Anna, I want to make sure what I send to the Clerk’s Office. So I am to prepare and file a Certificate of Service stating I have mailed or faxed my Preliminary Inventory to Plaintiff’s attorney. Does a copy of that Inventory have to be attached to the Certificate of Service being filed with the Court? I thought the Preliminary Inventory did not get filed with the Court? In fact I thought no Inventory is filed with the Court (assuming parties agree) or will this Inventory be filed with Court if there were to be a Trial?
Second, what am I to expect next. Plaintiff’s attorney has suggested mediation. Does Plaintiff’s attorney go with him to mediation? I have no attorney. Or do the parties meet with just a mediator? I feel if there could be a meeting between Plaintiff’s attorney and me we could narrow down the few discrepancies and get to an offer of settlement. Would that be appropriate or am I better to proceed with mediation. I have no funds for mediation, don’t want the house and furnishings and am willing to bear 1/2 of the marital debt since we are in a negative position as of date of separation 6 years ago. That would settle the marital property as of 2014. What I do want is a portion of the distributive property, namely equity in the house from 2014 to 2020. So on my Schedule H - Distributive Property, I have listed the amount of Equity less an adjustment to Plaintiff for depreciation on furniture from 2014 to 2020. What I want to propose as a form of settlement to Plaintiff’s attorney is also give Plaintiff an adjustment for the principal portion of his mortgage payments (Plaintiff remained in house after he threatened to kill myself and daughter = reason we left) made 2014-2020 leaving a net equity which would then be divided by 2, 1/2 to me 1/2 to Plaintiff plus his adjustments for depreciation and mortgage principal payments. At what point can I or should I present this to Plaintiff’s attorney or would this be part of mediation and discussed at that time? I feel like I am playing a game of chess but have no idea how the pieces are set up on the board, let alone how to move. Thanks.
You only file the certificate of service. No inventory or any other document is attached.
Mediation is usually a good next step as it tends to be successful. You remain in control of your cause (you are making the decisions) rather than giving up all control to a judge at a hearing/trial. The mediation would be with both parties and their lawyers. You would be in a separate room from your spouse and his lawyer. Most mediations are taking place virtually now, so you would still be in a separate virtual room.
You can make settlement offers at any time. It’s usually a good idea to start making offers/counteroffers and begin negotiating sometime after the mediation is scheduled but prior to the mediation taking place. The idea is to settle as much as you can before the mediation, or at least settle a few small issues, so you don’t waste time and money in the mediation session.
Part of your offers back and forth to the other side can include that your spouse pay for 100% of the mediator’s fees.
A meeting between you and your spouse’s lawyer would be a settlement conference (but your spouse would be present also, usually in a separate room). In my experience, these are not effective. Mediation is much more successful than these types of meetings.
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.
Anna, just received confirmation from opposing counsel confirming receipt of my Inventory. If you remember, I prepared a new Schedule H as part of the inventory and listed the equity in the home from the date of separation until now and it was based on fmv as established by a realtor’s comparative market analysis so as to hopefully avoid the cost of an appraisal. The opposing counsel is saying that my valuation of the property is not correct and that his position will be that the net value of property (fair market value as of date of separation less mortgage) is de minimis. The fact that there was no value as of date of separation is correct because we had just purchased the house 2 years before separation. But if my name is still on the home asset and mortgage, and it has been 6 years since separation, why should I not be allowed a portion of the equity? I can see where the spouse should be given a credit from the equity for the principal portion of the payments that he has made during the 6 years but that would still leave a net equity to be divided equally. Should I just present this to the attorney as an offer? Also he wants to know if I want to mediate the other items. I don’t have funds for mediation so I don’t want to get stuck with any portion of mediation costs. Can I just tell him as a proposed settlement that I do not want any contents of the house nor do I want the house. I do want my name removed from the mortgage. I only want my personal items or reimbursement for the value of my personal items. Don’t think that warrants mediation or are these items covered in mediation? I have a proposed accounting showing proposed division of assets, would this be the right time to send that to the opposing attorney? Thanks.
The spouse remaining in the marital residence and paying for the mortgage after the date of separation is the one that gets any increase in equity from the date of separation to the date of distribution, and this is accomplished in practice by that spouse receiving a reimbursement for the principal reduction in the mortgage during that time period with the remaining net proceeds divided equally between both spouses.
It is normal for both parties to disagree on how to value the marital residence.
Yes, you can present whatever you like as a counteroffer to your spouse’s lawyer. While it may not seem that mediation would be worthwhile, it almost always is as you are able to fully resolve all remaining issues and your case can be completely finished at the end of the mediation session rather than dragging it out with counteroffers back and forth and disagreements on valuation.
Yes, it would be appropriate for you to include the account of the proposed division of marital property along with your counteroffer assuming the accounting supports your counteroffer or negates their last offer or last position.
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.
Anna, my schedule for the distribution of the equity showed a fmv of the house as of August 2020 from a comparative market analysis prepared by the realtor (who sold us the house). It had a low and high range so I took the average of the high and low, assuming the opposing party would try and use the low. From that average fmv figure I subtracted the current outstanding principal balance on the mortgage. After that I subtracted another figure which represents the total principal payments the opposing party has made on the mortgage since the date of separation to August 2020. The net is what I assume would be divided by 2 with 1/2 to each party. Does that method of accounting sound correct? So projecting ahead, the opposing party could probably try and use the tax value rather than fmv of the house. Assuming that is the case, how do I argue using fmv vs. tax value? And I guess the only solution would be to pay and obtain an official appraisal which I am sure the opposing party does not want to have to pay to do. Is it possible to enter mediation to mediate just one specific point such as agreeing upon a value of the property assuming all other items have been agreed upon? Thanks again.
Yes, you can calculate the FMV of the home that way, although the best way to get the FMV is to have an appraisal done. The other side cannot argue that the tax value is the fair market value. By definition alone, tax value does not equal fair market value, and it is well-established that tax value is not a proper indicator of FMV.
You can go to a mediation session for one specific issue only, but this is likely going to waste everyone’s time and not worth the expense over one specific issue. It’s better to mediate all unresolved issues rather than piecemeal 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.
Thanks for the helpful information. Is it better for me at this point to present my proposed distribution? I feel if I provide opposing counsel with my proposal I pretty much give him the advantage so to speak of what I want and I have received no information from him as to spouse’s desires except via their Inventory. If I give opposing counsel all this information and then we end up in mediation anyway (assuming they reject my proposed distribution) doesn’t that give opposing counsel an unfair advantage as to what I am seeking or am I reading more into this process than necessary. Bottom line is I have no resources to pay for mediation. One additional question, what if spouse is unable to secure refinancing of the mortgage (which is in both names) so that my name is removed? I know the house could be sold but he wants to stay in the house. I don’t want the house but do want a portion of the equity in the home from DOS until now which is a period of 6 years. Would it be reasonable to stay on the mortgage and draw up an agreement saying what his responsibility is since he will be living there, upkeep, mortgage payments, taxes, insurance, etc.? Since I would still be liable for the mortgage if he dies and no longer makes payments, could I ask for a life insurance policy on him with me as beneficiary so in the event he passed away I would have a way to finish paying off the mortgage? Are there any other provisions for this type of situation? I suppose in theory since I am still on the deed and mortgage in the event he passed away the house would pass to me and I could sell it to satisfy the mortgage. But what if he just all of a sudden quits paying the mortgage and refuses to sell the property to satisfy the mortgage? Thanks again.