Change in situation


#1

The STBX divorced me from bed and board. She originally wanted the house. We have not been to court for ED. She really cant afford the house and I found that no one has been at the house much. I looked online and the mortgage has not been paid since October. I think she has or is planning to abandoned the marital home. What do I do if I want to keep it? What do I do if I dont want to keep it? Can I move back in if she has divorced me from bed and board but she has moved out?


#2

If she was awarded the home in the divorce from bed an board you cannot move back into the home absent a new Order. You need to file for ED, include a motion for interim distribution of the home and set a court date for the motion.


#3

Great. Will they automatically set a court date or is that something I need to request in addition to filing the interim ED? Also, no one seems to know anything about an Interim ED. Do you know where I can find that form. I checked the courthouse and they dont have one.


#4

No, when a motion is filed it is not automatically set. You will have to contact the clerk for the court date, and then send a Notice of Hearing to your ex. I am not sure there is a form for Interim Distribution, you just need to include language in the Complaint regarding the home and what you want done with it in the Complaint.