Clemmons, NC asked in Divorce for North Carolina

Q: My husband says I will not get equity share to the house because I'm the one leaving.

Hi, my soon to be ex is refinancing the house to his name and I said yes! Because I felt that that was the fastest way to move out. Here is the catch:

1. He says I am not getting any equity, profit whatever from this house. We bought the house in 2011. His reason was since I was the one living, I should consider myself as a renter for the past 6 years, I get nothing once I move out. And also, he had to come up with 15,000 to refinance the house (I saw all pre-closing docs and nothing shows there he had to pay 15k!)

2. He also wants the title to the almost paid off car transferred to his name only in exchange for the 401k loan we took. And he said he will not remove my name off the loan of the second car (25k loan) since he can't refinance it. If I don't agree to all this, he will not refinance and I will be stuck here forever.

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered

A: I normally recommend that couples sit down and work things out fairly themselves. Its cheaper and less stress. But that's likely a waste of time for you. Your husband sounds like a bully and he's likely wrong in his assessment of how things will turn out. Go see a local family law attorney and stick it to him - hard and proper. Once he get spanked in his wallet a few times and has to pay fat lawyer bills and realizes he will also likely not get what he is currently demanding - he likely will start singing a sweet new tune just for you. Worst case scenario, you likely won't be any worse off than you are now under his current demands and you can make him work and pay for it as opposed to you rolling over and giving it to him for free. Best of luck.

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