Legal Question in Family Law in North Carolina

when seperation occurs and one party leaves the house is there any legal way to have the said party that stays in the house to have to pay rent or can he be made to pay part of the mortgage so as not to ruin my credit since the house is in both our names.


Asked on 5/25/10, 7:54 am

1 Answer from Attorneys

Its called a marital separation or settlement agreement. If you stay, you need to buy out her share of the house (assuming there is equity) and get the other spouse to transfer his or her rights to you. Same thing if the other spouse stays - he/she buys out your share and you transfer your rights to him/her. If neither of you can afford to do that, sell the house and split what's left, depending on yours and his/hers other assets.

Until then, if they do not pay and there are no court orders, then I am afraid that you will have to pay if you want to protect your credit. I suggest that you sit down and try and reason with your spouse. If they will not be reasonable, then get a divorce attorney immediately and seek equitable distribution of the house.

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Answered on 6/03/10, 4:31 pm


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