The marital residence was purchased in 2004. Four persons signed the mortgage note, myself, wife at the time and her mother and father. Wife filed for divorce in 2007 citing multiple damages and demands for remedy. No reference to division of property was included in the complaint. Separated 2007 with appearance in court for preliminary hearing on the complaint. The only decision made as of that hearing was that I was granted visitation with my daughter on a certain schedule. There have been no other hearings or trial conducted since then in the matter of this divorce! (I did undertake regularly scheduled payment of child support of my own volition without order by the court, paying as much as budget allows.)
No other actions were taken on the part of my wife (plaintiff) in regard to alimony, spousal support, child support, division of property or filing for the permanent separation (divorce) after the requisite year and one day of separation. Under a separate action and case number, I file for and am granted a divorce in 2009 with all other matters to be retained under the initial complaint filed by my wife.
To date, our house remains undivided. I seek to force a monetary settlement by way of petition for partition. As always, I am advised to retain a good real estate attorney. I have absolutely no money to pay for professional services. Wondering what are the chances I can pull this off pro se.
Complicating matters, my ex-wife remarried, August 2016 and has taken up residence with her new husband in another town. The marital residence remains unoccupied. Her father, assumedly, has continued to pay the mortgage (though he lives in a separate residence elsewhere), as my wife claims to be unemployed. She operates an at-home jewelry business off the books. It is possible the marital residence may actually serve as her business place. Prior offers to settle, made through the attorney I had in 2009 were refused.
Anyone with experience in property partition, either by sale of the residence and division of proceeds or through buy out of tenant in common, please advise. Any other observations are most welcome.
Can I pull this petition for partition off pro se?