Selling the marital residence


#1

I left the marital residence 7 months ago and am still paying the mortgage. My husband built the home, so he is very attached to it. Although both our names are on the property deed, the mortgage is in my name only. He is currently manic and as proven that he cannot even pay utility bills or keep the house presentable enough to show to potential buyers. Although he has agreed to sell, he is doing everything he can to slow or stop the process. I am several months away from foreclosure, and we both stand to lose the substantial equity in the home. He cannot qualify for a mortgage on his own, which he has proven repeatedly.

If I file for equitable distribution, will I be able to force him to live elsewhere (which our real estate agent requested) so that we can keep the house and property presentable, and if so, how long would it take to do this? Are there any other alternatives you can suggest?


#2

I would file an action for interim distribution and ask the court to award you possession of the home before the rest of your property issues have been worked out.