Can I move out of the house with being liable?

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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 5 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.


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