Divorce/ co-tenant sale of home


#1

My situation is such- separated over 2 years. I remained in house with our 3 children. He has not paid anything on house since 9/04. We divorced in 6/06. No E.Q. was filed as we have been mutually negotitating since last year. My LAME attorney in Kernersville never filed my child support child custody papers. A few weeks ago negotiations went sour and I was served a "petition by co-tenant for sale in lieu of partition whereas my ex is requesting:
Sale of property at 1/2 of fair market value being his, His attorney be appointed commissioner and his fees be taken out of sale price BEFORE it gets split to my ex & I.

  1. Is it 50/50 even though I have been paying on the house myself for the past 26 months?
  2. Can he sell out from under me without my having the chance to refinance as I am providing the children a home ? ( he sees them only on Saturdays )
  3. Can I sue my attorney for not filing my CS/CC papers ANd for not advising me that equitable distribution needed to take place prior to a divorce?

HELP!