Q: Am I responsible for my husbands debt while we are going through separation and divorce? We live in NC.
He purchased a house but did not place my name in deed. What are my rights? I have lived in another state and my kids and I didn’t move until about 1-2 yrs after his house purchase.. What is your advice?
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A:
In North Carolina, debts accumulated during your marriage are generally considered joint responsibilities, even if only your husband’s name is on them. This means you might be held accountable for these debts during and after your divorce. However, if the debt was for his personal expenses and not for the household, you may have grounds to contest your liability.
Regarding the house your husband purchased without adding your name to the deed, your rights can vary. If you contributed financially to the mortgage or upkeep after moving in, you might have a claim to a portion of the property’s value. Additionally, North Carolina follows equitable distribution, which considers each spouse’s contributions and needs when dividing assets.
Since you initially lived in another state and only moved to North Carolina later, the division of assets and debts might involve additional considerations. It’s important to gather all relevant documents and evidence of your contributions. Consulting with a family law attorney in North Carolina can provide you with tailored advice and help protect your interests throughout the separation and divorce process.
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