Since your case is pending, I am assuming that you have an attorney. Therefore, I would urge you to ask your attorney about this issue. However, I will tell you that if the real property was purchased during the marriage, it is marital property available for distribution between you regardless of whether the deed is just in his name. The same general rule applies to all of your assets. If he has stopped paying the mortgage, you are going to have to file an Emergency Petition for Special Relief to obtain a court order directing him to pay the mortgage so that the foreclosure does not occur. Keep in mind that if he is willing to ruin his own credit to divest you of your fair share of the equity in the real estate, that is a red flag that you need to make sure that all of you assets are protected. I would not be surprised if he has removed funds from the bank accounts and hidden personal property such as tools, collectible, etc.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.
The court will see through this sham and you are entitled to your well earned portion of the marital estate, please work with a local attny and you will be able to protect your rights. take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
First, work with an attorney no matter what. Unless there is an emergency need to sell the home and an emergency petition for special relief is ordered stating you are holding up the sale and it is needed for both parties, good chance they can't "force" you out. However, speak to your attorney to ensure if at the very least you sell the home it is at a reasonable market price and you get your fair distribution of the proceeds. All the best.
My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state
A weekly guide with tips and legal advice for each stage of the process.