Legal Question in Family Law in North Carolina

I was divorced a year ago. My exwife and I still own a home and a vechicle together. She is always Iate with her half of the payment and has recently moved back into the house with her boyfriend. The house was to be sold and the equity divided equally, but the house hasn't sold. I have to pay half of the house payment for her and the boyfriend to live in so I won't ruin my credit. According to the divorce agreement if one of us doesn't pay the payment on time its a breech of contract and that person has to pay all legal fees. What happens if I take her to court. It isn't right for me to pay for a house for her and her boyfriend. I have to live with my parents because i can't afford a place of my own. I also pay her $850.00 a month for child support. Is there any way out of this.


Asked on 7/02/10, 7:04 am

1 Answer from Attorneys
Rachel Hunter

Partition. You can partition both the home and car. Either that, or one of you would have to buy the other out voluntarily. In such case, the spouse who does not want the property quitclaims his/her share to the other spouse and the spouse who wants the property refinances the debt solely in his/her name. Check your marital settlement agreement, if any. That may require you to return to family law court. Talk to your divorce attorney about that.

You are stuck on the child support. You have a duty to support your child.

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Answered on 7/02/10, 2:07 pm


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