Ginger Arrives

Puddles finds himself harassed, chased and intimdated by this newly arrived little girl. Ginger is an 4 month old Chiweenie. When Puddles gets a toy Ginger works to take the toy. When Puddles finds a chew stick Ginger takes it. When Puddles lays down Ginger attacks and paws at Puddle's face. Annoying is an understatement when talking about this cute and charming little girl. Yet Puddles and Ginger are becoming inseparable. When she sleeps she is charming and when she awakes she is a terror. She has fourty minute bursts of explosive puppy energy followed by angelic sleep in her Daddy's lap.

Keep reading the site because, without doubt, there is fun in store.

We Planned to Be Together Forever...

For over twenty years I have had couples come to me that wanted to buy a house together. Sometimes the pair are engaged, sometimes they are committed to each other, other just want to live together indefinitely. These couples have one thing in common; they plan to own and live in the house together for a long time. With rose colored glasses the sky is blue, the grass is green the air is clear and the couple will be together forever!

Lenders have no problem lending to an unmarried couple. The purchase is easy, one day you hope to be a homeowner and in a few days you are a homeowner. It is a simple process to join the ranks of those burdened by mortgages, repair bills and the other joys of ownership. What happens now if the wedding does not occur or when you partner moves on? When the split arrives you both still own the house together. In North Carolina you own the house as tenants in common. This ownership means that each party has an undivided one half interest in the real estate. Either party can sell their half or bequeath their half. Who wants a one half undivided interest in a house on Main Street?

If you are going to buy a house with someone other than your spouse then you should consider planning for the possibility that disagreements, fights or separation may occur. You can set up a buy out or sale procedure. An aggreement can set out a procedure for who gets to buy the other person out and how much the buyout will cost. An agreement can set out how to select a realtor or how to set a sales price. This is planning to avoid chaos, confusion and heartbreak.

If you find yourself about to buy real estate with your partner, friend or fiance first call an attorney and set up a real estate purchase agreement. Plan ahead. I know dozens that wish they had!

They Told Me That I Had to Put the Title in Both Names

I hear this comment at least four times a year. Apparently some lenders are telling North Carolina real estate purchasers that if they are married the property they buy must be titled in the name of both husband and wife. NOT TRUE.

While it is true that a married person in NC cannot generally purchase property with out some cooperation or signature from their spouse the public policy behind this is geared at providing a spouse knowledge of new indebtedness. Thus, if you buy a house without creating any debt your spouse will not have to sign any documents at the closing and his name does not have to appear on the deed/title. If you buy the property through the lender then your spouse will need to sign several documents acknowledging the debt.

It is important to recognize your spouse can still acquire a "marital interest" in the property that you have bought even if your spouse's name does not appear on title. The names on a title are not dispositive as to what interest each spouse will have in a separately titled property should a couple divorce.

Finally, there are economic and legal reasons why you should title your property in the name of Husband and Wife (tenants by the entirety). A discussion of this issue is for another day and another time.

Time to Refinance

As mortgage rates drop people should consider if it is in their economic interest to refinance. In the twenty years that we have been conducting real estate closings in North Carolina we have worked with many lenders and hundreds of homeowners.

Most people either refinace to get cash out of their home or to lower their mortgage rate. We have many clients using the cash out refinance option. With a cash-out refinance you can use the equity from your home to payoff outstanding non-deductable debt or high interest debt. Dependening on your existing interest rate you may be able to refinance with a positive or neutral net economic impact. (In paying off a non-deductable debt you may extend your home payments but you are relieving your self of the non-deductable obligation and in all likelihood saving on the interest expense.)

At Devay & Coleman we have been handling real estate transactions since 1988. We have closed on properties in over a dozen counties and worked with at least a dozen title companies. When you pick your real estate attorney remember that you would not choose a house based on price alone -- when you pick you attorney consider experience and whether you will be dealing with an attorney or a para legal. It is important that you choose your own attorney and not let the seller or agent make this most important choice.

Puddles and His Friends

Puddles has a select group of human and animal friends. Recently the Pudman spent a weekend with one of his best canine friends, Jake. Jake has been a friend since puppyhood. Jake is a daschund and I credit him with teaching me how to climb stairs. When I stay with Jake I get to sleep with his Mom and when we play we tease the cat and explore the house. Together we each have taught our humans how best to serve us.

The Pudman wuld like to add a female chiweenie to his group of friends. If anyone out there knows a female chiweenie that I can meet please write me. Chiweenies Rule!

Why you use an attorney for your divorce

Each week we get callers asking about what it takes to get divorced in North Carolina. Many people appear incredulous at the answer; North Carolina has only one requirement that a North Carolina resident must meet. To be divorced in North Carolina you must live separate and apart for one year.

Fault will not allow you to speed up the divorce process. Thus, even if your spouse committed flagrant adultery if you have not been separated for one year you cannot end the marriage with a divorce. Fault is a factor in alimony and other actions, just not in getting a divorce. North Carolina considers issues such as alimony, division of property, divorce, child support and child custody as separate identifiable issues.

So if you have no children, no property and no claim for alimony why should you use an attorney for a "simple" divorce. When our office files your divorce for you the process will only take a few moments of your time. After you sign the papers we file your documents, appear in court for you and, if appropriate, get your name changed. Our appearance will allow you to avoid procedural questions, save you time, avoid parking hassles and ensure that your simple divorce remains simple.