Can my ex make me refinance our home to remove his name when the divorce is final?

Full question:

I am legally separated. In the separation papers it says I am keeping the home and must make the payments within 60 days of the due date. It says he will sign a quit claim deed. I had one drawn up and he has not signed it. He says he will sign it if I refinance the home. I can not refinance cause I had to file bankruptcy when he left. I have been making the house payments and want to keep it. The separation papers do not say I have to refinance it. What I want to know is that when it is time for the divorce (September) can my ex and/or his lawyer make me refinance in order for him to sign the quit claim deed or make me sell the home?

• Category: Divorce
• Subcategory: Legal Separation
• Date: 04/07/2025
• State: North Carolina

Answer:

It will be up to the judge to decide how the house is treated. North Carolina is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. While the trial court's discretion will not be disturbed on appeal without a showing of clear abuse, the court will consider the following factors:

1. The income, property, and liabilities of the parties;

2. Any obligation for support from a previous marriage;

3. The duration of the marriage and the age, physical and mental health of the parties;

4. The needs of the custodial parent;

5. The expectation of pension, retirement or other deferred compensation rights that are not marital property;

6. The contribution to the decation or earning potential of the other spouse; and,

7. Any other factor the court deems just and proper.

Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor its income has been used for the common benefit of the parties during their marriage.