My soon to be ex has been living in our marital home since separation. He completely stopped making any payments towards the home and its now listed for sheriff sale. Can I sue him for the equity of the home or ask for it in divorce proceedings?
Family Law Attorney
If he has stopped making payments towards the home, you may be able to file for spousal support although the two of you are still living in the house together. You should discuss this matter with an experienced family law attorney. You cannot sue him for the equity of the home. However, you can address this issue through the divorce proceedings. If you have not already filed for divorce, you may want to do so and then file a Petition for Special Relief asking the Judge to enter an order forcing him to pay the mortgage so that it is not lost in the sheriff's sale. Do not delay.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.
Child Custody Lawyer
I agree with both of my colleagues. Additionally, keep his actions/lack of payments towards the mortgage when you get to the equitable distribution stage of your divorce.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice. Additionally, my response does not trigger an attorney-client relationship.
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