My husband left me a few month ago and wants a divorce. We have a house in both names. I cannot sell it nor refinance it because he want sign the papers. He is also going through bankruptcy and he said he want sign anything until his bankruptcy is over. He wants 45k out of the house and wants me to pay him that. He is not paying anything like the HOA fee and maintenance but he pays 1/2 of the mortgage at this time so it looks good in the bankruptcy court. "Extra payments" To me he is a crook and gets away with all kinds of stuff. He does not want to tell the bankruptcy people that there is money coming his way. I have a perfect 800+ credit. I had the whole house painted and did some maintenance I paid out of my pockets. I feel like I am a prisoner in my own house. Can I legally force this refinance or selling if he want sign? I just don't understand that he gets away with leaving me and stick me with this and I have to wait until his bankruptcy is final.
Your issues are too complex for this sort of forum. You really must have a consultation with a local family law attorney, preferably one who is familiar with the interplay of family law and bankruptcy. Use the attorney finder tool here at AVVO or you can try the same tool at www.nacba.or (National Association fo Consumer Bankruptcy Attorneys)
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You can file for divorce. Once you file, you can request pendente lite relief, which is a court order that may require him to make certain payments to you while the divorce case is pending. Your situation is complicated by the fact that he is filing for, or has filed for, bankruptcy which affects the ability of the state court to order him to make payments to you.
The court will usually order that the house be maintained pending the divorce proceeding.
Talk to a divorce lawyer. If his share of the equity in the house is 45k, and your share of the equity in the house is also 45k, then there is enough money at stake in your case to justify getting competent legal advice rather than trying to muddle through it on your own and messing it up.
Please note that it is impossible to provide full and complete answers based on the limited information provided. Consequently, this information is general in nature and should not be considered legal advice.
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