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:
- State: North Carolina
Answer:
In North Carolina, how the house is handled during divorce is up to the judge. The state follows "equitable distribution," meaning property and debts are divided fairly, but not necessarily equally. The court considers factors such as:
- The income, property, and debts of both parties
- Any support obligations from previous marriages
- The duration of the marriage and the health of both parties
- The needs of the custodial parent
- Expectations of pensions or retirement benefits not classified as marital property
- Contributions to the other spouse's education or earning potential
- Any other factors deemed just and proper
Generally, property acquired before marriage or through gifts or inheritance may be excluded from the marital estate if it hasn't been used for the couple's benefit during the marriage.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.