I live in North Carolina and my wife and I are both on a mortgage that we are upside down on by a lot. She just got a job 2 months ago after staying home and raising our two girls ages 2 and 4 and decides she wants a divorce and left. This was 3 weeks ago. We have been rocky for awhile so it was not a huge surprise but now things are getting crazy. I'm staying in the house currently and asked her to pay half the mortgage and utilities until a divorce is final because I do not make enough money to cover them by my self and I need a place to live and don't want to destroy my credit by abandoning it altogether. Previously when we were single income, we were on some gov't programs that helped us get through month to month and I took many side jobs to make ends meet. Now, I will most certainly lose the house if she doesn't pitch in until I can figure something out and essentially will be homeless and have no place to bring my kids when its my turn. She doesn't seem to care and refuses to pay anything.
1)She says if she pays half the bills she can't afford to make it on her own and pay her mother rent, split daycare with me and survive.
2)I say, that's something she should have thought about before taking off and that just because you got up and left, shouldn't nullify your obligations to our bills and you should have to pay half of them regardless of where she resides. I say until a Judge say differently, I believe you have to help out.
3)We haven't even been legally separated yet.
I don't know what my rights are so I'm scared I will be out on the street with no way to see my kids. Mortgage is due no later than the 15th so i'm freaking out. She agreed by word of mouth that she wasn't a monster and would split everything to help but now she's reneging. I'm text msging her and trying to call her with no recourse and said she now feels she shouldn't have to pay, to leave her alone and she will be getting a lawyer. What are my options? Any suggestions are extremely appreciated.