[stacyandmarknc]

My best friend just got separated and moved out. His wife is still living in the house. He is not sure if she wants to stay there or not as of yet, but wants to know what the options are. If she wants to stay in the house although she cannot afford it alone will my friend have to continue to pay part of the mortgage as he is doing for the moment for as long as she wants to stay there? What are the laws here in North Carolina? Can she be forced to sell since she cannot afford it on her own?

[Fr_Chuck]

It is all up to the divorce court. Each party can ask for it, they can ask for it to be sold. The real problem is when both names are on the mortgage, since even if the divorce court orders one party to pay for it if they don't, if both names are on the mortgage, it will hurt both credits.

You will need to discuss with your divorce attorney what YOU want to do with it, and ask for that

[stacyandmarknc]

Both names are on the mortgage. He does not want the house, he wants to sell it, pay off her car and split the rest. If she decides that she wants to stay there until the divorce is final or just because she feels like it, can she? Right now since he makes more than she does he is paying 2/3 of the mortgage and she is paying the other 1/3. This is the temporary verbal agreement they came to. Can he be forced to continue this indefinitely or will she be forced to sell since there is no way she can afford it on her own?

[ScottGem]

This is an issue of negotiation not law. The divorcing parties have to agree. A judege might force a settlement if they can't but it will be based on the negotitations. So no one can say for sure what will happen.

[Fr_Chuck]

So can they order him to do it, yes they can, will they, most likely not, but in divorce court, it is who has the best attorney and who will settle first.

Unless both parties agree, they can not sell the house, unless the court orders it to be sold