Foreclosure during divorce


#1

My soon to be ex-wife bought a lake front cabin six months before we got married. Her name is the only name on the mortgage, but mine and hers are both on the deed. She added my name to the deed after we were married. We have now been separated over one year. She refused to negotiate a separation agreement.
I have just found out the cabin is going into foreclosure proceedings. I have always thought, that if we went to court for a ED hearing ,then I would be entitled to half the equity in the house. My question is, if the cabin is foreclosed on then does she still have to pay me half the equity?


#2

There may be an argument that she would have to pay you half the equity in 1equitable distribution, but that would really depend on the totality of the evidence (why was she unable to make the payments, why did the house go into foreclosure, what was the appraisal value of the home, etc.) and would be at the discretion of the judge.