Let's just focus on property for a moment. I was separated in 2007 and in 2009 I secured - as the defendant - a permanent divorce from bed and board. I had to do this through a separate action outside of the original CVD brought to bear by my now ex-wife. All I have is a license to have a social life again.
The issues of support, alimony and property are still undecided. My ex refuses to settle on the house. She and her parents (who surprised me at closing on that house, showed up and signed on as co-owners on the note) are content to continue to pay double digit interest on the original mortgage from back in 2004 rather than just accept my offer for all of us to go and refinance. I have made offers and counter offers to settle, and they refuse. I offer to go refi, and do a cash-out refinancing wherein we'd have the bank write me a check for one quarter of whatever equity exists and then I'd sign off the mortgage and they'd have the house to themselves and they'd enjoy a much better interest rate.
But no. Not even THAT is agreeable to them. Should I be concerned that they already hired some phony stunt person to come in and execute a quit claim posing as me and that I have already been cheated out of my entitlement to part of the property? Nobody checks on that stuff. The lawyers wouldn't know who the hell that was saying he is me. They'd just take my ex-in-laws generous offer to pay all the costs and be done with it. Sign here, thank you, good bye. Case closed.
How, barring all that subterfuge and drama, HOW can I petition the court for immediate disbursement of the property? I need the money. Heck, it's pretty much all going back to my ex in the form of child support anyhow - that is what I am most concerned about. Even though I do NOT have a court order detailing the specifics of my legal obligation to my child. No - not even child support has been determined and mandated by the court in this case. But I have been paying all along of my own volition, whatever I can pay and it has been documented through my attorney's account. Yes, whatever money I can get out of the house will help put out a multitude of annoying little financial fires that plague me. It would help me increase my child support payments and reduce my unpaid liability once we do get that issue before the court. How the hell do I compel my ex to settle? Mind you, I am going to have to do this pro se. I am for all intent and purposes, broke.