Hello Ely: My wife, the petitioner in our 4yr. old divorce proceeding, has been certified by a clinical psychologist as having dementia, pursuant to receiving disability benefits
from SSI. Recently, she has apparently had a stroke and moved in with her brother. She had been occupying the marital home via a verbal agreement that she would pay the mortgage payments and those payments would be considered rent. She has not paid the mortgage payments for two months and according to her brother she will not be paying the 1st of November payment which will put the mortgage 90 days in arrears. In my opinion, she has forfeited any exclusivity to the property. Her brother has had the locks changed to prevent me from entering. The home houses all of the marital property
both jointly and separately owned.
In mid-July I filed a motion to get access to the home; to inspect it and inventory the property. This was before she stopped making mortgage payments. To date I have received no ruling from the court regarding this motion. I need to request a hearing on this motion ASAP.
My question is: In what manner would I put my request to the Court? I need to know what form or format it should take. Should I file another motion to request a hearing on my original motion? Should I write a letter to the judge requesting the hearing or a ruling? (by the way wife’s attorney did not file a response to my original motion, so I assume he will not oppose it.) This needs to be ruled upon and a court order issued like yesterday as this mortgage issue is looming.
Additionally, I need to have continuing access to the home to do some repairs, which according to the real estate agent whom her brother called to evaluate the property, would enhance the possibility of selling it. Since she stopped paying the payments and living there, I feel I should be as entitled to access as she is as I am joint owner.
I am wondering if the issue in the immediately foregoing paragraph can be raised at the hearing on my original motion. I need to get a key to the home and access as soon as possible. In your opinion, would this latter issue require another motion, especially when time is so critical?