Separation Agreement Issues

North Carolina Divorce Law Divorce and Separation Answers
1

Hi,

I was married August 2012 and we separated January 2013. In January we both set down and drafted a Separation Agreement. We have 0 Children, 0 Joint Debt, but we do have a house together. In the separation agreement I noted that this is a buy-out situation and since he wants the house he can have it. Well, he had trouble getting it refinanced (the easiest way to remove my name) because they will not calculate bonuses into salary until you have worked for the company 2 years - That will be July 2014 so that is noted on the agreement as well.

I have asked every 2 weeks since January when will he get the agreement notarized and I keep getting excuse after excuse - Example: He has not had 1 day off the entire month and I saw on his facebook telling everyone to ‘hit him up’ because he has the next 3 days off. I documented and saved all of this BTW.

He has been paying the whole mortgage on time every month but I really want my name removed. How can I go about getting him to sign the separation agreement? And how can I get my name off of the mortgage?

Thank you,
Haley

2

If a party isn’t willing to enter a separation agreement voluntarily, your only resolution may be through the use of the court system. Sometimes, simply filing a claim for equitable distribution will spur the other person into action as he may realize that the settlement offer you presented is fair and that it would be a waste of time and money to see through with the court process.

As for removing your name from the mortgage, the only way to do that is with the permission of the mortgage holder. Most mortgagors do not allow mortgages to be assumed by one of the parties. Rather they require that the mortgage be refinanced. You will only be able to force this with a separation agreement or a court order that specifically states how the property will be handled.