I was served an “Absolute Divorce” in April,2007. I was given rights to 'equitable distrubution". In June’07, I became gravely ill and was hospitalize for 15 months.
Since then, I am disable and don’t have resources. At the time, my ex had not gotten a well paying job and had lost our home to forclousure. I got nothing but debt.
Can I still sue for “equitable distrubution” ?
Did you file a complaint for ED prior to the divorce being finalized? If you didn’t then no, you can’t go back. In any event, it’s four years on and there’s no marital property left, it looks like. In ED, you can sometimes end up with just debt. ED covers the distribution of both debts and assets. It happens a lot that the only thing to really divide is debt.
Yes the court has a list of things I wanted in the divorce. Before she granted the divorce,she had me to bring her the list by 5:pm on that day. She also postponed the court date until the following week. At that time, I was granted the ED with the divorce. We do have another home which was my family home that we owned.
A loan was taken out against that home with value of about 40-50 thousand. I was left with paying that loan of $35,000. I only live off my Disability Check, which is not much. Is it worth getting him to pay his part of the loan. Now I am under pressure to pay this loan to keep my “family home”. My ex and I both are 61 years of age and we were married 32 yrs.
If the home loan is still under both of your names, then he is still on the hook to make sure that the payments are being kept up. If he is not on the loan, but was ordered to pay you a distributive award in ED, then he would be required to do so. I cannot say without a full understanding of all of the facts, which is beyond the scope of this general forum, whether it is worthwhile for you to pursue this in court. You should schedule a consultation with an attorney.