Greetings. First, you lose the right to equitable distribution ONLY upon the date of divorce, NOT after one year of separation.
Next, of course something can be done when Husband will only pay for the first mortgage. If you have been living for a long time like this, he is “winning” some unwritten concessions for you. First, the length of time he has been doing this shows that you can live without the other money you are asking for. This helps him with determining alimony long term.
You need to IMMEDIATELY take action with a Motion for Interim Distribution, a request for post separation support, and a request for long term alimony. You cannot let the house go into foreclosure.
Speak with your attorney about “actions” that can be taken. What can they do to ensure that you get paid and the house does not go into foreclosure? Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.