What about the mortgage?


Did my question get overlooked?


Don’t forget me, please!


Dear hard2battle:

Greetings. Every time that you posted, you moved your question to the end of the list. Patience is a virtue, they say.

You are correct to worry. My suggestion is that you work with an attorney on a separation agreement that describes exactly what will happen after you leave. Also, the bank may allow him to remove your name in what is called an assumption, but they are relatively rare. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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 but a full discussion with an attorney should be undertaken before taking any action.


My husband and I have a mortgage jointly. When we separate, I will be the one to move out with our two children. My husband will not tell me if he plans to keep the house or if he wants to sell it. Should I leave with things up in the air like this when my name is on the mortgage? He mentioned the possibility of calling the bank to see if they would just take my name off of the loan. I think that is probably a BIG JOKE! What can I do to force him into a decision? I don’t want my name on the house if he is going to be the one living there and paying the mortgage. Please advise. Thanks!