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#1

i am separated from my husband and he left town leaving me to sell or rent our home. i am unemployed and cannot make the mortgage payment. i own another home in another state that is paid for,and i will have to move there to have a place to live. if the home i had with my husband ends up going into short sale or foreclosure. can they take my paid for house since i defaulted on the other? do you have to live in the house when it is short sale?. i cannot find any work here and am going to look for work in the new state. thank you for your assistance.


#2

You will need to file for equitable distribution as soon as possible, and file a motion for interim distribution of debt as well (contribution from your spouse to the mortgage). Hopefully this court order will force your ex to keep the house out of foreclosure. I don’t know the answers as to the rules re: short sale. You will need to consult with a property attorney on that matter. As to whether or not they can take your house in another state, you would again need to consult with a property attorney, but exemptions may apply. You will need to look into filing exemptions from the deficiency judgment. If you are income-eligible, Legal Aid can assist you with exemptions, and other issues regarding foreclosure. If you are not income-eligible, then you should speak to a property attorney.