Can I move out of the house with being liable?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I move out of the house with being liable?

My ex is the only name on the mortgage but both of our names are on the deed. We have not started ED yet. We were just divorced 7 months ago. I cannot pay for the mortgage anymore because it is way too high and the maintenance is too much.

Asked on November 18, 2018 under Family Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Because North Carolina is not a "community property" state (which can also be thought of as "community debt"), if you are not a signatory to the mortgage, you are not liable for it: in a non-community property state, regardless of marital status, only the person who actually signed for/took out the mortgage is resonsible for it. Therefore, you could walk away from this debt. If the house is sold--or if one of you forces a sale by filling the appropriate legal action, which is an option--in that instance, in apportioning the proceeds, a court would order that the mortgage be paid first, then the proceeds be divided, and would likely order that the spouse who paid more of the mortgage get a larger share. Therefore, your proposal to sell the house and give your ex more of the proceeds is a reasonable one, but if you and your ex cannot come to an agreement, you can, as stated, simply walk away from the mortgage.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption