Wife stopping mortgage payments while she stays in home


#1

Do you need a lawyer to file order for an interim distribution of debt? The mortgage is in my name only. She wants to save up more money to get her another place. I am living with friends and family to obtain the year separation. Should I just move back in, essentially starting the one year clock back over? I did try to agree to pay the utilities if she would keep paying the mortgage. She stated she won’t help pay anything if I move back in. I am unemployed and getting E6 army retirement and disability pay. The house just got refinanced this year and have to equity to sell. She has been trying to coerce me to give her half my retirement benefit without a divorce decree using a separation agreement in which I refuse at this time.
Thanks for this forum


#2

Since you are separated, I would not recommend you moving back into the house for this issue. You can now file for equitable distribution, and include a motion for interim distribution of the house, seeking an order that STBX pay the mortgage and keep the payments caught up. As part of a final ED you can seek that she refinance the home into her sole and separate name thereby removing you from the mortgage (or vice versa), or in the alternative, that the home be sold.


#3

Do you need a lawyer to file this or can go to magistrate office?


#4

You will need to do this before a judge. You’ll need to get it scheduled for hearing. You don’t have to have an attorney to do this. You can represent yourself pro se.