Legal Question in Real Estate Law in North Carolina
My husband and I have been living separate and apart for nearly 3 years. He lives with his girlfriend now, he contributes nothing to the marital estate as far as paying the property taxes, insurance, and mortgage. I had to get a court order to get the loan refinanced. He is still responsible for the loan equally but he refuses to pay. I need him to sign over the property to me with no stamps because he has so many judgements against him. If he gives it to me in a quit claim deed, no stamps and I put his 1/2 interest in another persons name, My question does he still have some marital interest or ownership because we are not divorced in North Carolina?
1 Answer from Attorneys
Right now, because you are legally married, the judgments are not on your property. A judgment can only attach to a property owend by a married couple if the judgment is against both. This will change if you get divorced. He has a 1/2 undivided interest in the home as long as you two are married and a 1/2 separate interest if you get divorced. Because of his judgments, I would recommend he sign over the property prior to the completion of any divorce.
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