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.
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.