My husband is suing me for ED, asking for unequal distribution. We are not divorced, but began living separately Nov 08 due to his unstable mental condition (bi-polar), I did not want to move from our home but had to for the safety and well being of myself and children (from previous marriage).
He invested separate funds in the house, (escrow closed about 2 weeks AFTER we married), and took out a small mortgage for the balance in his name. On the same day as title was conveyed into his name, he reconveyed title into both our names, listing me as wife. He did this as assurance to me that he intended for our marriage to not end in divorce, and that regardless of my lack of funds to invest, it would be considered OUR home.
I have no intentions of divorce. I had hoped he would get better through therapy and meds, and that when my children were out of the home, we could reconcile. Since he is now suing me for unequal distribution I can see that he will probably move on to divorce, but hasn’t mentioned that yet. He won’t talk to me.
My questions around all this:
Is the money he invested in our marriage home (and of which I am on the deed) still considered separate personal property for him?
Would it be in my best interests to file for divorce from bed & board, considering the living conditions my children and I endured before moving from our home? (Involving a police visit, suggesting a restraining order or that I should move from harms way)
I have no discretionary income to hire an attorney. He has an attorney.
Is it even worth it for me to try to get my interest in our home? It’s all I will really get from this marriage, and I had such hopes for it lasting.
The marriage is also considered a “short marriage” from my understanding. It took only two years of living with him to discover his mental instability. Although technically aren’t we still considered married ? (it’s been over 5 years now)…