what if I move out

UPDATED: Jun 19, 2009

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what if I move out

we have agreed to divorce and have listed our house for sale, after 6 months on the market we have not had any offers. I cannot stay there with her any longer, what happens if I move out? Will I have to continue paying the mortgage if I aree to let her have the home.North Carolina

Asked on June 19, 2009 under Family Law, North Carolina


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Although I am not an attorney in North Carolina, it is never a good idea to leave the house without first having an agreement in place with your wife or an order from a Court wherein your temporary rights and obligations are mapped out while the divorce is pending. Leaving the marital residence even with your wife's consent will leave to you susceptible to having to pay certain bills regarding the carrying charges regarding the house. Also, you being in the house gives you leverage towards a final resolution. I understand things may be getting extremely uncomfortable but I suggest you hold on until you can work out the details with your wife and have it formalized in writing. I suggest you immediately contact an attorney in your area to better advise you and to perhaps start the process for you.    

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.

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