Who gets the house?

This will need to be addressed in your separation agreement. Normally courts like to keep children in the home for stablity and school purposes. If you do get to stay you will need to work out something with your ex since the house is not technically yours and his concern will be/should be if you can keep up w/ mortgage payments without if affecting his credit. In our situation(both names on mortgage) the agreement was the ex was entitled to live in the house for a certain period of time (years) but she paid mortgage. Once house was sold we were to get a portion of equity in the house. We began to see that she was not keeping up w/ mortgage payments or upkeep on the house and encouraged her to refi and we settled on an amount just to get it off of our backs.

The name on the mortgage will not determine who stays in the house. If both spouses want the residence and cannot agree on who gets it, you will likely end up in court to address this issue. If you are the primary custodial for minor children, it is more likely that you will be the one to remain in the house. You may be required to refinance the mortgage so that it is in your name.

If neither of you can afford the house, the court will likely order that it 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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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 husband and I have been married since 1995, and have 3 children. We have a mortage, but my name isn’t on it, will I get to stay, and him pay, or will the children and I have to leave our home? I know that seperation is just around the corner, and I don’t know what to do, any advice would be greatly apprecited.

Amy Lewis