Separation - Name on Mortgage

[eggbert12]

What is the name of your state (only U.S. law)? North Carolina
I have been married 23 years and my husband is an alcoholic and will not get help. I have been to alanon, AA, counseling to try to deal with it. He's 65 and lost his job and his drinking has gotten worse. He's now gotten verbally abusive to son (18 years) and myself. My name is on mortgage with his (otherwise he could not get loan....he has 2 loans on mortgage and pays ($4,000/mo...he's trying to refinance). I do not help with mortgage as I pay for son's school tuition and all things related to son. I want to move out but am afraid if he doesn't pay mortage I'm responsible. Is there anyway I can get my name off mortgage? Most likely then he will not be able to carry the loans on his own....thanks.

 

[JETX]

Is there anyway I can get my name off mortgage?

Yes. They are:
1) Get the WRITTEN permission from ALL parties to the contract, or
2) Refinance the property in just his name.

 

[eggbert12]

State: North Carolina

He will not consent because then he will not get the loan..he has no income at this time..he has been unemployed.

thanks..

 

[mistoffolees]

State: North Carolina

He will not consent because then he will not get the loan..he has no income at this time..he has been unemployed.

thanks..

Then go to court to ask for an order for the house to be sold and the equity split.

 

[LdiJ]

Then go to court to ask for an order for the house to be sold and the equity split.

That really is the most sensible thing under the circumstances.

 

[eggbert12]

State: North Carolina

Thank you for the information to go to court for an order and have the house put up for sale and equity split. Most likely we will owe on it should it sell...but that seems the best advice.

Thanks..