Response to Motion for Interim Distribution


#1

My husband has filed a Motion for Interim Distribution; how do I respond? Do I file a Countermotion? There are inaccurate accusations in the motion he filed and I need to be able to respond. We are separated and he wants me either out of the marital home immediately so he can put the house up for sale, or he wants me to be required to put the home up for sale immediately (pre-divorce) as well as remove my dogs from the premises allowing a real estate agent to show the home without an appointment from me. The home is in both our names; he is living with his parents while I am in the home; I have been paying the mortgage myself since January 2010 but missed the March payment and have been one month behind since March 2010. He is claiming a risk of foreclosure, while I have been sending a little extra each month to catch up on the one missed mortgage payment. I can come up with the cash to go ahead and catch up on the mortgage immediately if that will help with the countermotion, I just didn’t want to dip too much into my savings when I had been under the impression that he was going to help with the one delinquent house payment. I also have nowhere to put my dogs which were acquired during the marriage and I do work, so I had requested that a real estate agent make an appointment with me to show the house so that I can be home from work and remove the dogs from the premises (there are four). I cannot afford an attorny, while he and his parents have the funds available to hire their own. Furthermore, I have decided to at least ask the courts if I can keep the house and continue making the house payments until the mortgage company will allow me to assume the loan. We owe quite a bit more than the tax value of the home and I don’t believe either of us will make a dime from the sale. In fact, I think we would have to short-sell it to get out from under the mortgage. Regardless, I would like to ask for the home.
Do I file a Countermotion? Do I ask for interim distribution of my own in order to stay in the house with the dogs?
Thank you in advance for your reply!


#2

You may file a reply to the motion addressing each allegation, and include a countermotion asking that the home be distributed to you.


#3

Thank you so much for your help.


#4

You are welcome.