Can my ex make me refinance our home to remove his name when the divorce is final?
Full Question:
Answer:
It will be up to the judge to decide how the house is treated. North Carolina is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. While the trial court's discretion will not be disturbed on appeal without a showing of clear abuse, the court will consider the following factors:
1. The income, property, and liabilities of the parties;
2. Any obligation for support from a previous marriage;
3. The duration of the marriage and the age, physical and mental health of the parties;
4. The needs of the custodial parent;
5. The expectation of pension, retirement or other deferred compensation rights that are not marital property;
6. The contribution to the decation or earning potential of the other spouse; and,
7. Any other factor the court deems just and proper.
Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor its income has been used for the common benefit of the parties during their marriage.