What motion do I file to ask for the house and alimony?


#1

My husband had a massive stroke in 2004 and needed 24-hour care. I quit my job and gave him that care for 6 years. I had a total of two weeks away from him for 5 of those years and finally got some help from his parents the last nine months we were together. He financially supported both of us through disability and social security and I had health insurance through him. He now resides with his parents. It took me three months to land a job to support myself during which time I never asked for PSS because I cashed in my $10,000.00 annuity. I know the anuity is a marital asset but I was forced to separate from him before I had a means to support myself and I needed a means to live. I have been making the mortgage payments since January 2010 by myself, but I did miss one payment in March because I did not yet have a job and I was afraid to spend any more of the annuity in case a judge ordered me to give it to my husband in a settlement and I don’t want to go to jail for not having proper assets. I got a job in April and have been making mortgage payments without use of the annuity but have not caught up on the one payment because I was under the impression my husband might help with that payment and I really am scared to use any more of the annuity money. There is $6,000.00 left and I will have to use a little of it to catch up on the house payment because my husband just filed a motion for interim distribution of the home while claiming it is in danger of foreclosing so I guess I better catch up on that payment.
I cannot afford an attorny (he has one) and I wont be able to afford a health insurance policy on my own once we divorce. I gave up my career, my own health insurance, my chance to have children (he stroked when we were 32 years old), my retirement fund and my whole life for him until it got bad enough that we needed to separate.
Now, I would like to ask to keep the home. We owe $50,000.00 more than the tax value of it. I don’t think it will sell for what we owe and in fact, I think we would probably be forced to short-sell it. I would like to ask that he allow it to stay in both our names until the mortgage company will allow me to assume the loan (I can assume the loan after 12 months on-time payments). I would like to continue to make the house payments like I have been.
I would also like to ask for $300.00 per month alimony to help me with health insurance. I know social security won’t pay alimony and neither will disability but can I ask for it from him? He has no bills, he still makes more than I do per month even with my job and can afford to help me a little.
How do I ask for the house and alimony? Do I file a motion? Also, can’t I use my $10,000.00 annuity, a marital asset, to pay for marital property, i.e. monthly mortgage on the house, and vet bills for the four dogs?
Do I respond to the equitable distribution inventory affidavit his lawyer sent by filing my own equitable distribution and inventory affidavit?
Thank you so much for your help!


#2

You may file a claim for alimony, however, based on his circumstances I do not believe the claim will be successful.

You need to file your own Equitable Distribution Inventory.


#3

Thanks again for your help!


#4

You are welcome.