Salisbury, NC asked in Collections and Family Law for North Carolina

Q: What do I need to do to protect myself against debts my wife is accruing before divorce is final?

We didn't do a legal separation because we didn't have children or any personal property to divide. We are basically waiting for the year to be up so we can file for absolute divorce. She has all of a sudden decided to buy a house before our divorce is final. What do I need to do to protect myself from being held financially responsible for the mortgage she is taking out? She has legal benefits at work and since the divorce is due to her adultery, she is going to file and pay for it. I didn't really want to have to pay for an attorney because I thought it was going to be simple. I'm not sure now.

Related Topics:
1 Lawyer Answer

A: The good news is that you have martial and coveture rights to the house she is buying, and you are not obligated to pay the mortgage. The bad news is that this is exactly why everyone should talk to an attorney when getting a divorce. Meet with a family law attorney, pay the $100-300 to do so, get all of your questions answered and figure out if you want the two of you to execute a free trader agreement or a separation agreement.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.