STBX is refusing to sell our house, even though neither of us can afford to keep it. The house sale value is going down quickly, and I am scared if we wait for our final ED trial, the value will go even lower. If I file for interim distribution, will this solve it? Can the judge order him to sell the house? I know the judge can’t promise we’ll get a buyer, but can he at least force STBX to put it on the market?
You could immediately file for equitable distribution and include a motion for interim distribution of the home and the mortgage debt. This would be the easiest, quickest way to get the property on the market if your ex is resisting.
How quickly would the motion for interim distribution be able to be scheduled? What kinds of documents do I need to bring?
You should contact the clerk of court in your particular county for specific instructions. You should bring any and all documents that you think will be relevant to show your need to sell the house.