Stop Mortgage Foreclosure

My ex and I were together for 12 years and own a home together in which we are both named on the deed of trust but only he is on the mortgage note. He walked out of me and the kids 8 months ago leaving us with all the bills and took all the money in our joint bank accounts. He wants me and the kids out of the house so he and his girlfriend can move in but he is not wanting to give me my 1/2 of the equity and I am not moving out or signing a Quit Claim Deed until he does. I may have to force a Partition of Sale of the home through the courts to get the money owed me through sale of the house. If I do this and he decides not to make the house payments anymore ( I can’t because my only income is social security disability) and lets the house go into foreclosure, does the foreclosure of the mortgage company take precidence over my Partition of Sale case. I don’t want to waste money for a lawyer and court cost to do this if he can just stop making payments and the mortgage company come in and take the house before we have a chance to sell it. Please help!
I live in North Carolina and the kids are mine from a previous marriage but we have raised them together for 12 years.
His daughter also lived with us also for the past 8 years after he won custody of her.

If the kids are his I would have hoped that you went to the District Attorneys office of child support and they maybe able to help you with the house situation. There is a link to www.justanswer.com and ask them the same thing you did here but let them know what state so they can direct you to the proper place for help. This is an excelent cite. You can call your state bar and they can also direct you to an attorney that might be able to see you for a free consultation. Good luck

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