What to do if my wife has asked me to move out of our home and wants me to pay for an apartment, 75 % of the bills and 75% of the mortgage payments?

My wife name is the only one on the mortgage because my credit was in good shape at the time. We both together had the home built from the ground up and we both lived in since day one. Do I have rights regarding the property. I also would like to know since I make less money than my wife do I still pay her Allimoney if we divorce?

Asked on July 18, 2012 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  Please go and speak with an attorney in your area who can look at the entire situation.  Property purchased - or in this case built - during a marriage is marital property regardless of whose name the deed or mortgage is in.  Yes, you have rights.  Alimony is generally determined by a set of factors that take in to account the need of the party asking for the alimony.  It does not seem likely here that you will pay given she makes more but other factors have to be known to make that determination. I would not agree to move or pay anything until you speak with a lawyer.  Good luck. 


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