The first thing you may wish to do is to get a copy of your fiance's divorce decree. Then determine if he was awarded the marital home. If he was (and based on your post, it sounds like he was awarded the home), then determine if there is language that mandates that he get a mortgage in his own name so that she is taken off of the house.
You may also look to see if there is a provision in the divorce decree that mandates that the house be sold within a period of time.
If either of those provisions exist, your fiance needs to go back to court and file a Motion to Show Cause as to why her ex shouldn't be held in contempt of court for failing to comply with the divorce decree. If either of those above provisions exist in the decree, it is likely that the judge will ORDER that the judgment be enforced. If that is the case, you may wish to wait to get married until after the court proceedings are over.
In North Carolina, as a general rule, debts incurred wholly by one partner prior to the marriage will belong to that partner individually during the marriage and are considered as such in the event of a divorce.
But......you may wish to consult with an attorney who specializes in prenuptial agreements
. You may wish to consider entering into a prenuptial agreement that can protect your assets. You don't have to tell your fiance that you are contacting an attorney regarding a prenuputal agreement. You can just have a consultation with the attorney and determine whether a prenuptial agreement is necessary in your situation to protect your assets. It may be that the general rule applies that any debts incurred wholly by one partner PRIOR to the marriage belongs to that partner during the marriage or in the event of a divorce. Moreover, you may find that it is a good idea to keep your assets/debts separate during the marriage. It is just a good idea to sit down with an attorney to review your options and decide how to proceed.
Below please find a link to the North Carolina Bar Association Attorney Referral Page. You can be referred to an attorney and have a 30 minute initial consultation for NO MORE than $50.00. It may very well be worth your while to do so.http://www.ncbar.org/public-pro-bono/lawyer-referral-service/for-the-public
I hope you find this information useful.
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