Can I stay in the home if I can't get financing for another?
Question Details: In my divorce, I am currently living in the marital home but the judge ordered me to place it up for sale in 6 months and move out as soon as it is sold. My ex and I are to split any difference, if there is any. We purchased the home as a married couple and are both on the deed. The down payment of $40,000 came from my parents and grandparents as a wedding gift. The monthly taxes, mortgage and insurance are under $400 per month. We have 6 children. The payoff is only $38,000 and my ex gets a credit on child support for making the payments, meaning he pays that much less in support. He immediately purchased a massive gated home and far so he does not need this one but refuses to let me stay. Can I be evicted or forced to move if I cannot get financed for another home? Do I have any rights to fight this since I am on the deed to the home? He has a really good attorney and I cannot afford one.
You write that the judge ordered to you place it for sale in 6 months then move out when it is sold: your difficult in getting financing does not overrule the court order, and if you don't comply with it, your ex can bring a legal action to have the court enforce its order by punishing (e.g. fining) you. You may have to rent at first, instead of immeditately buying a new home, but you do need to comply.
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