Posted 24 February 2013 - 06:51 PM
We are married four years, I have two kids he had none. we agreed to purchase marital home and put only his name on the mortgage because I had bad credit, we closed before my property was sold and I was upset because he did not pout me on the deed right away and had not changed his will to include me. By then we had been married 8 months and had closed 3 months prior. He failed to respond so after a few months I moved out of the home and was furious at having to uproot kids. 5 months later I stupidly moved back because he was sorry, etc' and we agreed that if i moved in he would sign docs and allow me superor right to possession until my youngest turned 18 becuase of school (he is in 11th grade) and then I wired him proceeds $120,000.00. He never changed docs, failed to apply for HARP and HAMP, had a tax lien filed and is now paying credit card minimums but not the mortgage. I had a HUD counselor assigned and he called the lender instead. How can I protect my right to this real estate that is at least half mine? A lis pendens? Sue for fraud? Sue for divorce? We are two months behind and he is the moneyed spouse. I can show a pattern of economic and psychological abuse with one incident of physical abuse. How do I protect my asset? Get the court to impose a constructive trust?