help with divorce question (Charlotte: mortgage, lawyer, house)
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Hello,
I moved here in Charlotte NC from Atlanta GA with my wife on Aug 2005. I bought a house and all of the papers and mortgage are under my name but when we were doing the closing the attorney said that my wife would have to sign some papers because the state of NC requires it.. that my wife would have to approve if I wanted to sell the house in the future.. we got married in GA in 2003 and I just found out she has been with someone else for the past 2 months.. Im the only one who works and the one who pays all the bills, im the one who has always paid the mortgage and I would like to get divorce now. we do not have any children its only the two of us.. what do you guys recommend I should do?
So sorry to hear that. To divorce in NC you will first need to be separated for one year. Definitely get in contact with a divorce attorney in your county. Best of luck!
When I divorced in another state, I had to have a legal Seperation decree, which my lawyer filed. That stopped the common money and froze everything as it was, until the settlement and divorce 1 yr after the decree was filed, not 1 yr after he moved out.
Under NC law, all assets and liabilities acquired during a marriage (with some exceptions that do not likely apply to the set of facts as stated) are the property of both the husband and wife and subject to equitable distribution. It doesn't matter whose name the house/mortgage are in.
I would get a divorce attorney and get a separation agreement drawn up that deals with all your assets/liabilities, including the house and mortgage.
Under NC law, all assets and liabilities acquired during a marriage (with some exceptions that do not likely apply to the set of facts as stated) are the property of both the husband and wife and subject to equitable distribution. It doesn't matter whose name the house/mortgage are in.
I would get a divorce attorney and get a separation agreement drawn up that deals with all your assets/liabilities, including the house and mortgage.
GT
Good advice - in NC the wife in this situation has marital rights to the property - he can't just kick her out and leave her high and dry.
And that is a shame...that is what she deserves...after what she has done.
which is why NC statutes preclude alimony for a cheating spouse
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