Legal Question in Family Law in South Carolina

Home

During the original court, the house was given to me to pay mortgage, utilities, taxes and all expenses related to it. My wife did not want anything to do with it. Now that the final divorce date has been arranged (May 1), she still want nothing to do with the payments. I have been paying everything, including the mortgage, taxes, etc. She wants her name of the loan, but my credit has been damaged since the separation due to increase responsibility and I am not able to refinance the house in order to get her name off at this time. The home is being rented out now and I am receiving the payments which allows me to keep paying for the mortgage. What will be the final outcome of this during the final hearing to grant divorce. Her name will be still on the mortgage until I am able to refinance. Now she wants part of the equity whenevever sold. My question would be, is she in the right to ask for part of the equity since she did not want anything to do with the house, she is the one who moved out a year and a half ago and have not paid anything on it.

Will the court give me time to refinance? Or what decision will be made since her name is still on the mortgage when final hearing comes around?


Asked on 4/18/07, 10:41 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Home

Generally, the equity in the residence is determined as of now, not some point in the future. If you do not have an agreement on that issue, then the Court will consider the equity in the home when they are allocating all of the other assets and debts.

The Court may or may not require you to refinance the mortgage (now or in the future). Another possibility is that the Court orders that the house be sold.

It is difficult to answer specific questions about one asset without knowing all of the facts of your case, as most issues in Family Court cases are intertwined.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 4/19/07, 1:24 pm


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