Selling house/mortgage/divorce in another state questions


#1

I have a friend who is in the middle of a divorce and is having some issues with the house. He put both his name and his soon to be ex’s name on the house, but only his name on the mortgage. He doesn’t want to pay a mortgage on a home he no longer lives in and is trying to sell it. In the meantime, his STBX refuses to help with any of the mortgage payments. She basically told him that she doesn’t care what he does with the house as long as she gets half of the money from the sale of it and she in no way will pay for anything. Can he force her to help with the mortgage or something until the house can be sold?

Also, he has moved back to Illinois. She still hasn’t sent the divorce papers and won’t answer his phone calls when he tries to contact her about them. Is there any way he can file for divorce in Illinois if they were married in North Carolina?

Any help you can provide would be appreciated. Thank you.


#2

You can get divorced in any state (as long as you meet the residency requirements of that state), it does not matter where you were married.

However, depending on where your friend’s STBX is (and what contacts the STBX has had with Illinois), the power of the Illinois courts to do much beyond granting the divorce itself may be severely limited.


#3

Thank you :slight_smile:


#4

Your friend should file an action for Equitable Distribution in North Carolina and seek an interim allocation of debt regarding the mortgage payments. He should not file for divorce until the property issues have been settled by agreement (in writing signed and notarized) or he will lose his claim to have the court distribute the martial property.