Legal Question in Family Law in North Carolina

I have asked this question 3 times without a response. My understanding was a free answer was the first time. Is that correct? I've waited 2 weeks for an answer.

.My wife and i have been divorced for 1 year. We still own a house together, it has been for sale for 1 1/2 years. Neither of us have been living in the house for for the last 1 1/2 years. She recently moved back into the house and I am paying for 1/2 of the house payment. I can't afford to have a home of my own because of child support ( I certainly don't mind paying for my children) and paying the house payment.. I'm 45 yrs old and had to move back with my parents. She has also moved in her boyfriend. In the separation agreement it said that if either of us didn't pay the payments on time it would be a breach of contract. I have been giving her my half on time but she has been late 9 out of the last 12 payments. I just recently took over the payments but I can't get her half on time and now I have to pay it all until she decides she can pay it. I can't continue to do this. It states in the agreement that whoever breeches the contract will have to pay all Lawyer and court fees. What will happen if I take her to court. How can I get out of this mess? If I don't pay the payments my credit will be ruined .


Asked on 7/23/10, 8:47 am

1 Answer from Attorneys
Rachel Hunter

Read your separation/settlement agreement. Did you have an attorney for the divorce action? If so, you need to also speak to him or her about holding your ex-wife in contempt. You might also see if the house could be awarded solely to you so you can sell the place. If you do not have an attorney, get one. You can recover attorney fees in the event a contempt action is brought.

I do not know where the house is located, but if it has been on the market for ovber a year, something is wrong. Is the house overpriced? In a bad location? Is the market depressed? Is there equity enough to do a deed in lieu of foreclosure if there is only one mortgage? Have you explored the option of a short sale if the house is worth less than what is owed? Failing all of that, is bankruptcy an option? That will releave you of responsibility for the house. Your credit will take a hit, but having all of the late payments have done that as well.

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Answered on 7/27/10, 11:55 am


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