Legal Question in Real Estate Law in South Carolina

My husband left our marital home. We are legally separated. The house is in his name and not mine. Do I have any rights to the home? I have continued to live in the home with our 3 children. My husband tried to keep the house for us and pay the mortgage. The loan went into default. He then requested a modification loan and was approved based on his income and not mine. the modified loan is in default and not current with payments. Do I have any rights? I don't make enough to qualify and my credit is poor.


Asked on 3/21/12, 9:41 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

I think your focus should be more along the lines of whether you have any "options" as opposed to whether you have any "rights." You should have a right to live in the home based on it being "marital property." A loan is a loan. Its simply a matter of paying the mortgage. So that should be your focus. I do not know enough about you or your husband to be much help. Discuss with your husband the possiblity of the two of you working towards getting the loan paid. Consider speaking with other finance companies. I wish I could tell you more, but I lack information. Good luck.

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Answered on 3/22/12, 6:30 am


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