Hello, I got married on May 1999, but our house was bought by my husband in July 1997, in September of 2010 he left me and my 16 year old son because of adultery and alcoholism on his part. Now we are trying to file for divorce uncontested but I don’t know if that is a good idea beings that he wants me to have the house now that it’s in foreclosure, which I was unaware of. I have no job, I look for work every day and I am trying to provide for me and my son through my husband, he still gives me money for food, but has not paid the mortgage. Do you have any advice on how I can save this house beings that the loan is not in my name I’m assuming I cannot, but once I lose the house he is going to refuse to support me in a new home for me and my son.
I’m sure you are going to need to go the attorney and court route. If your husband has a lot of income you would certainly be in better shape, because its at-fault abandonment and you would likely have a claim for alimony and 2yrs of child support. Unless you husband has the assets and income to make good on the mortgage your probably losing the house. It may not be that bad for you, if you get alimony and CS and the house is in his name and it takes banks a long time to foreclose now.
You are in an unfortunate situation, and it sounds like the facts are complicated. It is important that you file for equitable distribution and alimony before divorce is granted or you will lose those claims forever.