Separation and ED - my spouse forced me out of our marital home approximately 2 years ago Since that date I have tried to get back into my home to get my personal things to no avail. My spouse has blocked me on every platform, and I still do not have my personal things. The home mortgage is in my name alone but he is on the deed. He filed equitable distribution paperwork last year, and we are scheduled for mediation next week. He is refusing to make any payments on the home, and the mortgage has fallen behind several times over the past 2 years, the mortgage company is currently threatening foreclosure due to nonpayment, I live 4 counties away with a family member and can’t afford to pay the mortgage on my home and my current living situation. I do not know what to say at mediation, because he’s never filed any divorce paperwork, only that he wants to stay in his home and I can
do my thing. He refuses to let me come back and get anything even my personal effects. I need some advice.
In the mediation you can negotiate a specific time for you to come to the former marital residence to pick up your things as well as negotiate a list of specific items that you want to retrieve from the former marital residence.
In the mediation you will also negotiate how to address the mortgage, any buy out that is due to you if your spouse keeps the house, how to get your name off the mortgage and deed, etc.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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