Without an agreement or divorce judgment (or interim order) you may not receive money from the sale. Whether the property is separate or marital must be decided by the court if you can not get an agreement. Without your name on the deed your spouse can sell the property without your knowledge. You need to get something started. Contact an attorney as soon as possible.
Howard E. Knispel, Esq.
The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589
That's an awful basis to have a divorce. Cashing out of a marriage never works. You should consult in detail with a divorce attorney if a divorce even makes sense. I would be careful.
This sounds like a complicated situation. I think you should go see some divorce attorneys near you and talk over your options. Filing a Summons for Divorce would certainly be one way of timing on something like this, but it seems like there are other things happening and you should meet with a lawyer in person. Good luck!
You do have "rights" or, at least, a good claim, to funds from the sale of the house but it will be difficult to enforce your claim without starting a divorce action. If you are not ready to start your divorce case, maybe you need to reevaluate ASAP.
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