It sounds like she has no intention of making any effort to keep the house or allowing you to do so either. If her name is on the house, let her know that the creditors will be looking for her too. Give them her contact information when they call looking for the payment. If she’s refusing to help pay the mortgage, look at having the house re-financed. Some companies will also allow you to make a “deferment payment” if you contact them and explain your situation to them. A deferment can be anything from maybe the intrest only, a partial payment, or a full month’s payment. What it does is allow your due date to be moved. I.E., the intrest portion of your payment may only be $100. The company applies $100 as an intrest only payment and it moves your due date. Or, let’s say your mortgage payment is $900.00 a month, the company applies it to your account as two deferment payments and it moves your due date by two months. Ultimately you need to sit down and determine if you will financially be able to afford the house after the divorce. Take into consideration that if there are children involved, and she gets custody (which happens 80% of the time) you can have up to 60% of you income taken from you for child support.
Hardnocks, I agree with Hawkman. If she is on the mortgage, then you have some leverage you can use against her if she does not want to help with the bills. Tell her that her credit rating will be affected just as much as yours if the mortgage goes late. You do not need her consent to sell the house. I would sell it immediately so there is no chance for this selfish, inconsiderate, and demeaning woman to move back in with you. Any woman that says “get a second job” to me would definitely think twice about her “true” love for me.
Also, I don’t know where you got the 60% of your income can be taken for child support Hawkman, but I have been up and down this website and not found anywhere were such a ghastly figure exists. The guidelines are in place (see rosen.com/csguidelines.asp) for a reason - to make sure that a man doesn’t get screwed. Please don’t publicize anything more than what NC law dictates as women will now go out of there way to sue every chance they can get if there is a chance to win the ‘lottery.’
One would think that if her name is on the deed and the mortgage note, The he cannot sell the house without her signature. Am I wrong?
Federal law states that 60% of your income can be taken for child support. If you have another dependant from a different relationship that relies on you, it can be reduced to 50%. Child support does not fall under the guidelines established under the fair credit reporting act which states only 25% of your income can be garnished. According to the “calculator” on this site I’ve been paying about $200/month too much for the past 4 years, but apparently N.C. Child Support is using a different “calculator.”
Greetings. Yes, you have legal rights. You can file an action for equitable distribution and ask the court to have the house sold. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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 wife had an affair November of 2005. When I found out, she left. She says she wants to work it out. Since then she’s lost her job, has no money so therefore she is no help with bills. She’s living with her mother, by the way. Well, I am tapped. I tried to get her to agree to sell our house and get out from under a 954.00 mortgage. she won’t. She won’t sign for a refinance. I don’t know what to do. She actually recommended that I get a part-time job. I work 50-55 hours per week already. Do I have any legal rights on this matter. The house is in both our names. My house will be foreclosed on shortly. I am already 1 payment behind. Any advise?