If we are both in agreement in divorce, what am I entitled to?

He need not inform you before filing. If you wish to keep the house and payments were made from community income during the marriage, you should bring a motion right away to get control of the house and make the payments. You should consult a family law attorney to review all of the facts advise you how best to proceed.

If you think he's filed for divorce, you need to check the clerk's office in the county in which he resides. If he does not have an address for you, then he may have filed through publication, which would mean, if the house is in his name only and you walked away from it 2 years ago, he may give it back to the bank if it is awarded to him in the divorce. If you have any questions, feel free 30 contact our office for a free 30 minute consultation.

Regarding the house, it sounds like you are both on the deed and only he is on the mortgage. The mortgage has nothing to do with who will get the house because assets and debts are analyzed and distributed differently. Generally speaking, house proceeds (which is the value minus the amount to pay off the mortgage) are usually split 50/50, typically through a sale or refinances. Note that he would be entitled to argue for a credit in his favor in the amount of any pay down of the principal on the mortgage since the date of separation (a little over 2 years so not necessarily small change). As for what else you may be "entitled to", unfortunately that is too vague without knowing more about the parties' incomes, assets, and debts.

The Court will require him to serve you the divorce papers before the matter can proceed. If he has tried to do that but does not know where you are, he might be allowed to serve you by publication. You should see if tht has happened. Once served, you will have 20 days to respond and contest. There are a number of issues relating to the house and other property. Even if you are not on the mortgage, you might be able to claim a community interest in the house. Even if the house is his separate property, you would be entitled to reimbursement to the community for community funds spent on the mortgage. You should consult with an attorney about all of the facts in your case.

There are no papers for you to sign until you are properly served. You need to consult an atty about the property.

You should get a consultation with an attorney. In broad terms you are entitled to 1/2 of all assets accumulated during the marriage except Personal injury awards (possible excluding lost wages) and inheritance. You are responsible for 1/2 of all debts accumulated during the marriage but there are possibles exceptions. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.

If he is abandoning the home then there is no reason that you should not be able to take it if you warrant you will hold him harmless for the mortgage and other obligations attached to it. Clearly you need counsel.