Emergency Interim ED


#1

I have been separated from my STBX for almost a year. The STBX still lives in the marital home. We will not be scheduled for court for ED until next year sometime. I have been checking our mortgage and she is behind on the mortgage. How do we handle the house situation? I do not want the house to go into foreclosure. Is it possible to do a an emergency Interim ED for the house so we can get that situation dissolved quickly? I dont think she will even qualify for a mortgage. If not what are the options?

Thank you!


#2

You should file a motion for interim allocation of the mortgage debt, and the home. If your ex cannot afford to maintain the home, and in the future to refinance the court can order that the home be listed on the market.


#3

We have a court date set for next week for the interim allocation of the home because I suspected my STBX of not paying the mortgage and allowing the house go into foreclosure. I stated in the interim ED that either she catch the morgage up (now 3 months behind) and keep it current or she be ordered to give the house to me.

Well I got an email fromn the STBX stating that she is no longer living in the marital home and doesnt mind if I move back in and she has a key for me. A couple of questions:

  1. Do I go ahead and take the key before we go to court as I still plan on being there even if she doesnt show?
  2. Will she be responsible to bring the mortgage current?
  3. At the actual ED hearing (which is not scheduled yet) will she be responsible for that part of the debt and will I be credited for it or
    is it a loss because legally we are both responsible for the debt?

#4

You may go ahead and take the key, and I would suggest you have the judge make the distribution of the home official on your court date, this can be done whether she shows or not.

If you are living in the home you will likely be responsible for the mortgage going forward, however with respect to the overdue amounts you make ask the court to order her to make those payments.


#5

Thank you. When the judge makes the distribution of the home official on our court date, is that the same as what is called the quitclaim deed. Or is that an additional step of distributing the home to me.

The STBX has moved out of the childrens current school district. Since I will be obtaining the marital home, I would like for the children to remain in that same school district as it is one of the better schools in the district (and 5 mins from the marital home). Basically I dont want the kids lives to be interuppted more than it has to be. So is it possible to ask the judge to make the STBX keep the kids in the same school even though she has moved or is that a far fetched request?


#6

No, and Order for Distribution will require the other party to execute the proper Deed, the court does not prepare the deed. The court will not deal with custody issues in the motion hearing. If you have a custody case pending the issue of where the children reside will have to be dealt with in a hearing pertaining to custodial issues only.


#7

Today was our courtdate for the interim ed. My STBX was ordered to give me a key to the house on Wednesday, however the judge would not make the distribution of the house official. He said that he would let the judge decide, which We have a courtdate scheduled for Feb for ED with the other judge. I want to go ahead and move back in however I dont know how likely it would be for the judge to change. Do you have any insight on what I can expect.

Also will I be supplied with a copy of the affidavit my STBX submitted concerning ED (and the items and values she listed) before the court date?

Thank you!


#8

I cannot predict what the judge will do, however if your ex cannot afford to keep the home, and you want it, it makes sense that it would be distributed to you.

You should be served with the ED affidavit prior to trial.