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?
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.
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.
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.