Can my partner force a sale of property?

HELP!!!!

I am the Applicant (wife) in my divorce, with 2 minor children of the family in my care. I have been a full-time Mother for 12 years. I have no employment, whereas, my husband (the Respondent) is on a 6 figure salary.

We separated in February 2011. He left the matrimonial home, set up residence elsewhere, ignoring his PRE-exising financial obligations (me, kids, matrimonial home - mansion) and incurred NEW excessive financial commitments associated with his new residence that we as a family cannot afford. VIA MPS he is providing me with 50% of our monthly BASIC living costs. I cannot afford to pay the bills on the house, for me and the kids.

We have agreed to put the house on the market (at less than market). As a result of the untenable financial position that my husband has put me and the kids in....we need to fire-sell the property - which he is in agreement, as am I (angrily), BUT, I need an emergency ORDER that provides me and the children with a guaranteed amount of equity to purchase a house, as by fire-selling it (an otherwise avoidable situation) a 50/50 division will not provide me with enough equity to live comfortably with the kids, and so I need at least 50% based on the current asking price (already less than market). My husband is refusing to guarantee me an amount.....because he doesn''t care what the kids and I live in. But, if we drop the price and the house sells in 10 days, I need to know how much I can spend on a new house.....CAN I MAKE A GENERAL APPLICATION TO THE COURT (D11) TO ASK THE COURT FOR AN EMERGENCY HEARING TO GUARANTEE ME AN AMOUNT OF EQUITY, AS I CANNOT AFFORD TO SUSTAIN THIS MANSION another day due to my husband''s fiscally selfish and irresponsible decisions.

I need some sort of order here and fast. FDR isn''t until January. I am representing myself, as I do not have the funds to do otherwise.

HELP!!!

Hi Canadian Brit
You really need to start a fresh post rather than tagging your question on to an old post. I am sure you will get advice but I think your post will just get lost currently.

If you''d ex has spent marital money on his new assets home etc they are will also be part of the pot,.

Please re post !

Yep, this should be in a new thread.

However, for the sake of a quick answer, the court cannot order an interim lump sum or guaranteed amount of equity. There can only be one order which provides for a lump sum or sums - this would be a final order.

Maintenance Pending Suit is the most appropriate application to make to compel the respondent to make monthly payments at a level assessed by the court to be reasonable to sustain the applicant''s needs.

Charles

Since you owe $20,000.00 more than the property is worth then you do not need to do anything but enjoy your home and continue making the payments. If she wants to force sale, the judge will set the minimum bid for what is owed. In that case, no one will buy the property. If you have a homestead law in you state, make sure you have one filed on yourself to protect your interest. In any event you have nothing to worry about until there is equity in the property.