Property settlement at divorce


My husband and I have been separated since April of this year. He will not sign a separation agreement or a property settlement. We own a house with no mortgage which he is currently living in. I chose to leave b/c he was possessive, controlling and verbally abusive. Our house has been up for sale since June. We almost had it sold but it fell through. If the house doesn’t sell by the time we file for divorce in April of 2011, what are the options? Since he’s living in the house, does he have to buy out my half, or do we have to continue to wait til it sells etc…


If he will not agree to terms regarding the house in a separation agreement, you will need to file a claim for equitable distribution asking the court to issue an order regarding the terms of the sale ( to ensure the hom e stays on the market), or in the alternative, ask that the home be distributed to your husband, and that he be ordered to pay you for your share of the equity.