We have went through separation from bed and board. My wife lost and her claim was dismissed. I have offered to buy the house or sell. She doens’t want to do either. She wants me to leave the house and me to pay for it. We have been living together for years, but can’t get divorce. If I move out she will claim abandonnent. Also, I can’t afford to pay mortgage and get another place. Is there any way to file for divorce while living together? Even if we are living in separate bedrooms.
No, but you may move out and immediately file for equitable distribution and include a motion for interim distribution of the home and the mortgage debt.