My husband filed for Partition prior to absolute divorce. What can be done? Can I ask for dismissal since ED has not been settled. He sprung this on me unexpectedly. Can the partition be decided prior to the ED suit even if ED suit is filed after the partition. I assime his attorney realized he would get nothing from the house through an ED suit. I bought the house but added his name to the deed prior to marriage.
Partition and Equitable Distribution are two completely separate actions. Your husband may file for partition prior to ED being heard, although usually partition is used as a mechanism to divide real property after the divorce is granted. An attorney who practices in real property would be able to help you in this matter.