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My cousin was married May 09 and a few weeks ago his wife decided she doesn't love him and she's leaving. There was no spousal abuse or adultery that I know of. There is obvioulsy a lot of mess going on, but in general what is he and what is she entitled to?
They have a house - she currently is saying she just wants off the deed and mortgage, but is determined to take as much stuff as she can out of the house. She is also refusing to pay him - giving only half the mortgage in January and nothing once she moves out. She makes more than he does and he doesn't think he can afford to stay in the house himself.
With all that, she saying she can't afford the price of separation or divorce. But how is he going to get her name off the mortgage. I really feel he's in a horrible mess with little money and it's only going to get worse. He still loves her and wants counseling, but she's refusing. What advice could someone provide, please??
In NC, they have to prove complete separation for 1 year to get the divorce. They're still legally married at that time, so I doubt her name can come off the mortgage during that time. If the home forecloses, it goes on both their credit reports.
A good lawyer can stop her from taking all the property. I don't know the details on that, but my personal opinion is that if she isn't willing to pay for the house the stuff is sitting in, she shouldn't be able to take stuff.
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