Legal Question in Family Law in North Carolina

You are most likely tenants by the entirety meaning you each have a full interest in the house. The best way to dispose of the house by some fair written separation and property settlement agreement between yourselves. Doing it this way will keep your overall cost down. However, if you can not agree, you will need to hire an attorney and dispose of the property by equitable distribution. There are numerous factors (too many to go into here) that will come into play if the house gets divided this way. Also, be aware that if you get divorced without addressing the property issues you will most likely be barred from bringing them up later. But to more specifically answer your question, the fact that you did not pay the majority of the mortgage does not mean you are not entitled to anything. Also, a judge normally will not make you sell if there are other options the parties can agree to or that are more fair to the parties. Again, a lot of factors are considered by a judge in making that decision.