ED & Extensions


#1

Recently filed request for ED. Concerning assets which is just the marital home, will the courts force the sale of the home if party residing in the marital home cannot refinance due to bad credit and/or cannot obtion creative financing to pay spouse their share of equity? But more importantly, the party not residing in martial home cannot purchase another property until their name is removed from mortgage.

Also, the party that was served complaint filed an extension. How long might the served party be able to “buy time”?

Thanks in advance


#2

The court may very well order that the home be sold if the “in-spouse” cannot refinance the home within a reasonable amount of time. The reason for order sale is often to allow the other spouse to be able to purchase a new home.
The extension of time to answer is very common. It allows the Defendant another 30 days to respond to the complaint.


#3

Thanks for the quick response. Concerning extensions, does the court allow more than (1) 30 day extension?


#4

No, the time to respond to the civil summons and complaint can only be extended once.


#5

Erin - thank you very much. Just want to say what a huge help and well designed website this is…


#6

You are welcome, I am glad to be of some help.