What are my rights?


#1

You need to talk to a lawyer, but definately don’t take your name off the deed until a property settlement is in place. Also, if you take your name off the deed, make sure you have her refinance the mortgage in her name alone or you will end up with a mortgage payment and no house! Good luck.


#2
quote:
Originally posted by notbeatyet
Hello,

My wife, her parents and I got into a heated argument a little over a week ago and my wife packed a bag, took my daughter and left with them. This is the second time this has happened. Since then, we have been seeing a marriage counselor. I get to see my daughter for maybe an hour a day. Recently she told me that she wants a separation - for me to move out of the house we recently purchased, to split the bank account, and for me to sign a “change of deed” (?) to have my name taken off the house. She states that unless these things are done, there could be no chance of reconciliation, which is what I want.

Any thoughts from a licensed attorney would be greatly appreciated.


Dear Notbeatyet,

Signing over title to your house should not be a condition of reconciliation. That is not a sign of someone who truly wants to reconcile your marriage. That being said, until you have divided all of your property and debts, you should not be signing any kind of deed (what she was referring to is actually called a Quit Claim Deed). Further, signing over the deed to your wife does not absolve you of your responsibility under the mortgage. Your mortgage is a separate contract with your lender to repay that loan. The mortgage or Deed of Trust as it is called in NC, is a totally different document and obligation from the deed on your house. In order to get you off the mortgage, your wife would have to refinance the mortgage into her own name. At that time, you could sign over the deed to the house to her, and be totally removed from any obligation or liability on the house. But, be sure you have gotten your 1/2 of the equity, if there is any, before you complete those tasks.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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.


#3

Hello,

My wife, her parents and I got into a heated argument a little over a week ago and my wife packed a bag, took my daughter and left with them. This is the second time this has happened. Since then, we have been seeing a marriage counselor. I get to see my daughter for maybe an hour a day. Recently she told me that she wants a separation - for me to move out of the house we recently purchased, to split the bank account, and for me to sign a “change of deed” (?) to have my name taken off the house. She states that unless these things are done, there could be no chance of reconciliation, which is what I want.

Any thoughts from a licensed attorney would be greatly appreciated.