Equity distribution


#1

My sister had been married for about 1-2 years. A month after the birth of her child, her husband got emotionally & physically abusive toward her. He stopped supporting her & the child emotionally & financially. He did not help out with the baby or the household chores. She finally filed for separation in August of 2005 & he finally left their home in October of 2005. She owns the home, the mortgage & deed is in her name alone. His name is not on any of the documents in regards to the house. She has been trying to track him down, but he’d abandonned & avoided her. She tried to serve him via sherrif, but he’s been evading them as well. Now, she’s left with struggling to pay for child care & the mortgage which she’s barely making the payments. Can she sell the house at the value of the remaining of her mortgage loan balance in order to pay off the mortgage, so that she can avoid ruining her future credit? Being the home is in her name alone, can she do that before they are even legally divorced? Can he have any claims to anything since she bought this home before they were even married?