I purchased a home (A) in 1996 two years before I met my wife. for financial reasons i transferred the home to her in 1998 and we married in 1999. in 2009 she borrowed private money to purchase a second home (B) and secured it by giving a first mtg. on the new home (B) and a second mtg. on the current home (A) and therefore left me and moved into the second home (B). we are not legally separated just living separate. this was all done with out my knowledge. she has taken it upon her self to list home (A) and expects fifty percent of the proceeds.
Question 1) is she not only allowed fifty percent of the proceeds minus the principal I paid prior to marriage and the principal i've paid after she moved out?
2) i have sent her atty. an email specifying "time is of the essence" to list property (B) as well?
3) can i somehow force her to list house (B)?
property (A) is mixed use commercial/house and therefore is considerably more difficult to sell.
property (B) is a single family home and is likely to sell sooner.
o ya i forgot to mention there is a balloon on this new mtg. due and payable in sept. 2012 and the holder has blatantly stated to me "he will foreclose on both properties at that time".
also she has never maid one payment PITI on either property!
PLEASE help!
Question 1) is she not only allowed fifty percent of the proceeds minus the principal I paid prior to marriage and the principal i've paid after she moved out?
2) i have sent her atty. an email specifying "time is of the essence" to list property (B) as well?
3) can i somehow force her to list house (B)?
property (A) is mixed use commercial/house and therefore is considerably more difficult to sell.
property (B) is a single family home and is likely to sell sooner.
o ya i forgot to mention there is a balloon on this new mtg. due and payable in sept. 2012 and the holder has blatantly stated to me "he will foreclose on both properties at that time".
also she has never maid one payment PITI on either property!
PLEASE help!
