My spouse and I have been separated for over 20 months due to a DVPO & filed divorce. We had been working on rekindling the marriage and I spent a great deal of time at the marital home during the separation. Everything was amicable until the first court date for temporary custody. On the stand she stated the separation was meant to be permanent. I was shocked, but that is not my immediate concern. I recently received documents that the marital home is in foreclosure. She has not paid the mortgage in 20 months. I have spoken to the bank extensively and they are willing to modify loan. I have sent the bank my personal information in, but she has not done the same. I even sent a message to her attorney asking her to assist me. The modification is dependent on both of us working with the bank. We have a court date for ED. Can the court award her sole possession of the home and remove me from the deed and mortgage during ED? I am concerned about losing my home. I’d rather put the property up for sale than hand it over to her. There is very little equity in the home due to the economy and missed payments. If she were looking out for the best interest of the children, who live in the home she should have paid the mortgage or modify it.
Any advice will be appreciated.