My spouse will not agree to any separation agreement offers. He will not leave the house, is not paying the mortgage, and says that he will not leave until there is foreclosure on the house. The deed and the loan are in my name, as separate property. We don’t have a lot, so filing for ED and court don’t make financial sense. I am struggling to pay the mortgage and my rent and utilities. The equity in the house is much less than the cost to go to court. The only joint possession that we have is the car, which is paid for with many miles on it, so the value is very low. In addition most of the furniture was mine that I had before the marriage, so the only assest of value is the house.
My question is are there any advantages of waiting a year and a day if he has said that he will file for alimony and my retirement? Will his stupid stubornness help me to get and unequitable distribution if we do have to go to court? I have borrowed money to make the mortgage and if I use it for the mortgage, there won’t be money for attorney fees after a year and a day when I file for divorce. I don’t know if he has an attorney, he won’t say. I can’t imagine any attoreny telling him not to try to do a separation agreement and force foreclosure on the house.
How will the judge or will the judge consider the fact that he will not leave the house when he is not paying the mortgage and threatening foreclosure if we have to file for ED so that I can have the house?
After a year and a day, the house will probably be mine as separate property? If so, how will I get him out of the house at that time?
I just want to be sure that I am using the money that I have borrowed effectively.