What to do if I’m getting a divorce and my name is still on the house with my husbands but he won’t refinance?

He lives in it and he is still paying the mortgage.

Asked on September 24, 2012 under Family Law, North Carolina

Answers:

Jon Welborn / Welborn Law Firm, PLLC

Answered 8 years ago | Contributor

You can ask the court to divide by way of equitable distribution. Property that is acquired during marriage by one or both spouses, and owned on the date of separation, may be defined as marital property subject to the equitable distribution law of North Carolina. As general advice you should consult with an attorney because there are other factors that may come into play such as the source of funds to purchase home, are both names on deed and mortgage, what is equity in home... Etc. 


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