QUESTION

we have been separated ovr 6 mos, I am trying to modify our morgtage, what can I do if he will not sign the papers to reduce the payment

Asked on Sep 19th, 2012 on Family Law - North Carolina
More details to this question:
I found out that my husband has been having an affair for over 3 yrs, he used our household money to get an apartment and furniture in his name for her, and stop paying our mortgage at that time. He moved our of our home on Feb 9, 2012, and living n his home State PA, but still paying her bills in Tx and have yet to give me any financial support, there are no children inbolve.
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1 ANSWER

You are in a difficult situation!  In an ideal world, he would cooperate with you to get the house refinanced.  If he is not willing to do so, however, he leaves you with limited options.  In my view, how you proceed at this point depends on where you want to be in the future, after all of this is over.  If you are undecided, or if you do not see yourself remaining in the home in the future, then you might take one tack.  If, however, it is your desire to remain in your home, you might take another approach.   My suggestion would be this:  hire a lawyer, and file a lawsuit for equitable distribution (that is, for a division of marital property).  If you are thinking in terms of not living in the home in the future, the lawsuit would be a way to clear a path toward getting the house put up for sale.  On the other hand, if you want to keep the house, you and your lawyer could think about asking the court for an order of interim distribution, which could put the house in your name and allow you to refinance the debt.  In the same lawsuit, it might be possible to ask for post separation support and alimony, depending on your relative economic circumstances.  That might also be of assistance to you. Good luck!
Answered on Sep 21st, 2012 at 11:24 AM

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