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I already know about serving him and filing the affidavit. I just needed to know if I have to 'apply' at the courthouse to get a court date for the hearing and is there a special form for that? Do I have to attend court or is this a default situation?
I thought I would let you know that he did respond.....because the 30th day landed on a Saturday, he didn't have to respond until the Monday after. I didn't know this. Thanks again for your help.
So I filed the Motion of Family Claim (F3) and I only checked 'equal division of family property and family debt'. I am wondering if I am entitled to 50% of the equity using the market value if I am actually on the title? I haven't lived in the home since Jan 1, 2012. He replied that he disagrees with the division of family property and family debt, but agrees to other property claims. Does this make sense?
When I had a lawyer, he said the same thing you have said about the rent. But after I decided to represent myself, I went to see a different lawyer and he told me that if I expect to get 1/2 of the rent that he received (because he had people come and live with him when I first left), that I will also be responsible for 1/2 the mortgage payment and 1/2 the utility bills. Debra, I went and lived with my mother rent free.....I was the one out of house and home.
So the courts wouldn't make me responsible for paying 1/2 the mortgage payments since I left though, would they? And if so, would the court deduct those payments off of my share? I guess the only time I would want to put in a claim for 1/2 the rent would be if there was no mortgage owing....is that correct?
Ok, thanks Debra. I have one more question to ask you if that's OK? If I am also looking for more child support because of extraordinary expenses, do I have to fill out a financial statement....I find the instructions on how and who is to fill what parts out quite confusing on the websites?
Debra...I am really afraid of having to spend more money. I have spent over $15K so far and I can't afford any more. I have looked at all the 'legal aid' information, but I think that my boyfriend whom I live with now will make too much money. Will they look at my income only?.....I am currently a homemaker as one of my sons is in need of constant medical attention.