• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Small Claims Court

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

lookn4info

Junior Member
What is the name of your state (PA)?

My spouse and her lawyer continues to stall the divorce process. We have a house that has been in foreclosure for over 2 years now, but will finally be short sold next month.

As it relates to the house, I moved out about a year before she did. The house is located in another state...so it has been left vacant.

I am receiving all the bills for the house, I have attempted to discuss the bills with her, but she only avoids me. I have even send her lawyer a few tax bills and he also choose not to respond. I have made payment arrangements for the bills, but she should pay as well.

Can I take her to court while this divorce is technically in process?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (PA)?

My spouse and her lawyer continues to stall the divorce process. We have a house that has been in foreclosure for over 2 years now, but will finally be short sold next month.

As it relates to the house, I moved out about a year before she did. The house is located in another state...so it has been left vacant.

I am receiving all the bills for the house, I have attempted to discuss the bills with her, but she only avoids me. I have even send her lawyer a few tax bills and he also choose not to respond. I have made payment arrangements for the bills, but she should pay as well.

Can I take her to court while this divorce is technically in process?
Nope - you have an open case involving the matter already. It should be addressed in the divorce.
 

lookn4info

Junior Member
Follow up question,

Can I motion the divorce court on this matter? With things being stalled like this, its almost a no win situation. I want to avoid further damage to my credit and I want to pay whats owed...
 

mistoffolees

Senior Member
Follow up question,

Can I motion the divorce court on this matter? With things being stalled like this, its almost a no win situation. I want to avoid further damage to my credit and I want to pay whats owed...
You could file a motion, but it may well be that the court will refuse to decide on this item in isolation from everything else.

There are two possible motions:

1. A temporary order for you to split the costs on the vacant house

or

2. An order for the house to be put on the market and any proceeds to go into escrow pending the final divorce decree.

You should really talk to an attorney about what to do.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top