Neither of us wants the marital home. What do we do?


My ex and I have been separated since January of last year. We agreed to put the marital residence on the market in February of 2010. Since that time, the home has not sold. Neither myself nor my ex want the home, but having it foreclosed on is not an option for me as I would like to continue on with my life with no financial ruin after our divorce is final and purchase a new home for myself. My attorney and I got an order for separation maintenance from the judge in April of last year in which he is ordered to give me a weekly payment to pay off our marital debts as well as take on some of the mortgage since we were “financially dependent” upon one another.
What do we do if they house still does not sell? Will I be stuck with the entire mortgage payment on my own after the ED is done? Neither one of us can afford the current mortgage by ourselves. He wants to give the home back to the bank, but as I said before, foreclosure is just not an option for me as I pride myself on having perfect (albeit high credit card balances from the divorce) credit. Will the judge make me take on the home alone or will he force us to go into if both our incomes combined make us capable of paying the mortgage together as we have been for the last year? Also, I should add I currently am reluctantly the one living in the marital residence. Additionally, our divorce has been less than friendly and currently my ex will not cooperate in agreeing to a mediation date where we can discuss this matter. I’m just at my wits end worrying endlessly about this!
Thank you in advance for your timely response.


While I cannot predict the outcome of any one case I would assume that if neither of you wants the home the home, and neither can afford it alone, the judge would be inclined to have it remain on the market until it does sell and have you each continue to contribute to the mortgage as you have been doing.