Help!i was conned and see no way out!


#1

I am aware that I am in this nightmare due to my ignorance and unearned trust but I still need to figure a way out.

Situation:
Mother of 4 kids,not his, two with disabilities and have been managing their care for 20 years
Sept 2005 purchased my house on my own
Sept 2008 met my “temporary” husband
January 2009 he moved in with us
Sept 2011 he proposed
Nov 2011 refinanced my home with him and added him to Deed
June 15, 2013 married
May 2nd checking my son into hospital for 3rd Emergency admission in less than a month
He was waiting for us In the parking lot of the hospital claiming he came to see my son (1st time ever)
About an hour later he wanted us to go outside-never even said a word to my son btw
He declare right then in the parking lot he wanted a divorce - I believe he planned it
Emotional abuse and minor Physical abuse started after proposal
Marital misconduct discovered prior to request for divorce
I was his 4th wife and found out he had also “conned” previois wife

He verbally offered to refinance the house and pay me the equity.
I accepted and found another place to live but just prior to signing, he changed his mind.
Said he didn’t want attorneys involved but had already retained one
Wanted me to refinance the house immediately knowing I wouldn’t be able to
I did not file for ED…trying to negotiate a settlement
I offered to waive claims for anything except minimal personal property in exchange for Quit Claim
Voluntarily gave him most of the contents of the house including some of my separate property
counter offered he would allow me to stay in property for 18 months if I made the payments then mandatory sale and split of proceeds
June 8, 2014 signed NC housing loan
Jan 9, 2014 just after I signed NC Housing loan, I was seved with summons for Partition.
I would walk away if I could figure out how just to get out of this nightmare!

Complications:
Have to stay in Wake County because all of my son’s services are linked to Wake County
Need to update my skills to even seek employment to support family - previous husband consistently paid child support which I no longer have.
Limited job options due to need to still provide care for children
No cash left on hand to even move…used up with attorney attempting to reach settlement. I believe that was his intention.
Previous attorney dropped my case saying they don’t deal with Partition cases
No family to help out

Questions:
Is Partition allowed prior to ED claim while still in separation period?
What kind of attorney, if not a Family Law attorney, would I lneed if I have to and can pro bono one?
How do I respond to a summons to Petition to Partition?

What are my options to get out of this NIGHTMARE without living in my car?!!

Mary


#2

Partition and Equitable Distribution are two completely separate actions. Your husband may file for partition prior to ED being heard, although usually partition is used as a mechanism to divide real property after the divorce is granted. An attorney who practices in real property would be able to help you in this matter.