Oh, I’d say it’s likely you won’t have to sell. I don’t think a judge will give much weight to the scorekeeping you’ve kept with regards to income and such since part of marriage is the good and the bad. However, equitable distribution involves both assets AND liabilities, so it’s possible that his stake in the bankruptcy equals his stake in the house…and if the two cancel each other out, and you can handle both the bankruptcy payments AND the house, then send his butt packing and NEVER EVER buy a house with a loser again.
I am currently separated (without an Agreement in place), there is a one year Restraining Order in place currently good until 7 Nov 2006. I purchased my home March 15, 2005, the mortgage is in my name alone, his name is on the deed. I know the home is considered marital property, but during the time period of March - August, he did not have a job, he worked odd jobs with little income coming into the household. We separated in August. There is a documented history of DV. My paycheck has paid all the bills since the begining. I have bank statements, etc to show my check was the check paying all household bills, groceries, etc. I also have two children (who are not his). There is very little if any other marital property to speak of, all other household items I had prior to the relationship. There is also a Joint Bankruptcy that we filed in June… that I make all the payments on. How likely is it that a judge will let me keep my home vice putting it on the market? Thank you for your help.