I realize this is ultimately something that requires legal advice, but wanting to see if anyone else has gone through a similar experience.
Equitable distribution went to trial in January, divorce finalized a few weeks ago Custody was mediated out of court last June.
Have a 16 y.o. son with special needs, only child. Has been in residential treatment for past 17 months and was anticipated to remain there until 18.
Circumstances changed and it was decided among his treatment team he'll transition home into an outpatient program.
At the time custody agreement was made, son was in hospital and at that time we agreed that if he came home he would reside in the 'marital home" with me.
Fast forward to trial. Son was long gone from hospital and in what everyone thought would be long term residential. Therefore, it was decided we would sell the house.
Judge ordered that until house is sold we split mortgage and utilities and both parties could reside in house.
XWH had already moved in with girlfriend even before the trial
A TON of repairs had to made on home and meanwhile things were constantly changing with my son and I am his case manager running at all ends constantly while also trying to keep my part-time jog.
XWH did NOTHING to attend to any repairs or do anything to prep house for sale, I did everything until about 3 weeks ago. Despite that he started threatening me saying I wasn't "cooperating" with divorce decree.
Mind you, there is absolutely NO time or date stipulation whatsoever in the decree and I'm dealing with a very volatile situation with son, having to move him twice and then going back to hospital.
Barely have time to breath, which XWH is fully aware of and does NOTHING at all to help with son's case.
Due to his increasingly hostile and threatening emails regarding sale of the home and the fact that every few weeks he will say out of the blue "I'm moving back home this weekend" or whatever, it seems quite apparent that his girlfriend is giving him ultimatums to get the house sold, get married, or whatever.
He could care less that our son is coming home from the hospital and knows full well the TON of work that has to be done on that front alone.
Today he sent me an email saying if I don't agree to sign a listing agreement for the house by tomorrow he's contacting his lawyer and pursuing things legally.
So there are two considerations:
At time custody agreement was made, which states son will come to live in this house with me, circumstances were EXACTLY the same as they are now, but no one could have forecasted that would be the case when the trial took place.
So there is a huge change in circumstances dealing with our son.
I know this is not the typical divorce house sale situation, but I wondered what you all think and if anyone has ha d a similar experience with an asshole XWH trying to force the sale of the home and essentially put you and your child out on the street. Not to mention the fact that I have 2 dogs.
Even if I did have time to do everything before my son comes homes, which is in less than 2 months, I do not feel it's in his best interest to take a year lease somewhere, him come home to an entirely new surroundings and unfamiliar neighbors, etc without my first making sure that everything will work out with his new treatment team, locate a school, etc.