Equitable Distribution and possession of our home question?


#1

My husband and I have agreed to get a divorce. He was not agreeable at first but has come around so his cooperation is not for certain. We own a home together and certain other assets. He cannot afford to live in the home and pay the mortgage, I can. I am legally blind and receiving disability insurance and social security for the next five years. After that my income will be cut in half. Is it possibile that I can go to court and ask to live in my home until we sell it and then pay him his part of the equity? I would like to be reimbursed for paying the entire mortgage at the time of the sale. Is this possible? I am leggally blind and have four eye diseases that are taking my eyesight. Stress contributes to the progression of my eyesight and living with him is very stressful. Any suggestions of how to solve this. I would walk out and leave him the house and all the assets except he would not be able to pay the mortgage and my credit would suffer. Any suggestions?


#2

You may ask the court to sequester the marital residence for a period of time allowing you to live there, and sell at a more appropriate time, but there are no guarantees as to what a judge would do. As for the mortgage, the law entitles you to receive up to one half of the principal reduction which is paid during your period of separation.
As for getting him out of the house, there is no way to force him out unless he is engaging in martial misconduct such as adultery, abuse, ect.


#3

Thanks for replying so quickly. I want to leave, however, I am afraid if I leave I will loose my interest in the home if he does not pay the mortgage. How do I proceed if he does not agree to a settlement agreement? How long does it take for me to file papers to begin the process of separation without losing my equity in the home so that I can leave the property? He is stalling in the hopes that I will change my mind or he is stalling trying to get his interests in order. If I came in for a consultation and we began the process how long would it take to file papers so that I can retain my interest in the property?


#4

You will not lose your interest in the home by moving out. If you fear that the home may be lost to foreclosure in the event you leave you will want to file an action for equitable distribution and a motion for interim allocation of debt, in other words seeking a court order requiring that he pay the mortgage, or in the alternative, as that the court grant you possession of the home pending a final disposition of the same.
In order to file an action for equitable distribution you must be living separate and apart, and may file soon after the day you move. It will take some time before you can be heard on the immediate issues, likely 1-3 months depending on the docket in your county.


#5

So you are saying, move, file the papers, if he agrees to stay in the home and does not pay, I can petition to have him moved out and I move back in and pay the mortgage until disposition of my home, worst scenario.


#6

Yes.