If you are the supporting spouse you may be liable for spousal support. If you have an obligation to pay spousal support and you do not, you can be found to have abandoned him. In order to answer this question you would need to meet with an attorney and review your specific income information. If you wish to sell the hosue and your spouse refuses to do so, you can file a lawsuit and request that the court make an interim distribution of property and order that the house be sold.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 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 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.
Helena, We both make the same amt of income, so that’s not the isssue.
My question is…can I move out without paying 1/2 of the bills if he refuses to sell the house?
I cannot advise you to move out without having met with you personally and reviewed your case in its entirety. However, if you make the same income there is no reason I can think of why you would be required to pay half the bills.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 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 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.
Helena, I was referring to the credit card bills that are in both of our names and the mortgage. I would like to know what he can do to me legally if I leave and don’t make arrangements to pay him my part of the above.
Legally you are responsible for any bill that is in your name, even jointly. If your name is on the mortgage then he will need to have him refinance. If you have credit cards in both your names with marital debt then you are responsible for 1/2 of that debt up to the date of separation. If both your names are on the deed then it will take both of you to sell the home.
If the utilities are in both your names, it would be a good idea to get your name removed or have them put into your husband’s name if they are in yours alone. You would be responsible for the utilities as long as your name is on the account, regardless that you do not live there. I do not know if this consitutes abandonment but I do know that it will ruin your credit.
You are referring to the issues that will be handled in Equitable Distribution. When your marital estate is divided then each of you will receive half of the assets and half of the debts. You may be responsible for half the debts but that will depend on how you ultimately divide your entire marital estate. I cannot answer this question without a review of all your assets and debts.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 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 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.
My husband signed papers with a real estate agent to put the house on the market. The day before the house was to be advertised, he went behind my back and called the agent and told him to put the house on hold because he was trying to get investors to help him refinance the house so he can keep it. He said that he needed 2 weeks to make the deal happen. I told him that I would give him the 2 weeks, but if it didnt happen in that time frame the house would be put on the market. He told me that it would take his signature to sell the house, and he may not be willing to do that. He said he could tie up the sale for 6+ months by refusing offers. Can I move out and refuse to pay 1/2 the mortgage and bills? I have agreed to pay him child support. Also, can I tell him that he has 2 weeks to change the utilities in his name because I want to take my name off of them so I wont be responsible? I cant afford to pay for an apartment, child support and 1/2 of the bills and mortgage, but I do not want to live with him any longer. I want to move out! If I make child support payments but nothing else, can he get me for abandonment?