I looked into equitable distribution and I just cannot afford to go that route right now. There’s nothing that I actually want from my ex anyway. Since my ex refused the appraiser, the bank has now moved the home into foreclosure. The mortgage is in my name only. My ex by law is also on the deed. My car is in my name only and is in my possession. My bank accounts are in my name only and have never been joint accounts. Our son lives with me and sees my ex on the weekends. This is by our verbal agreement and is not court ordered. If I just go ahead and file for the divorce since we are way past the year and day rule ( I was really trying to come up with a resolution on the house), how can that impact me negatively if I already have everything that I want? If my ex decided to file equitable distribution after I file for the divorce would the judge just give my ex everything requested or hear my side as well?
Since I don’t know the extent of the marital estate or the marital debt, I do not know what the implications may be with you having a divorce granted before settling equitable distribution. If your only concern is really the house and there is nothing you can do to keep it out of foreclosure, you should be concerned with the amount of debt on the property and whether the lender will seek other assets after the forecosure.