Hello I have a I am married how ever been away from hubby for some time now..
He had bought a home and then sold it in April 2009.I have never lived in this home however
On a court order we are going threw as of right now he states he sold the matrimonial home
Does this mean that even though I have not lived in this home I can go for have the cost he got for home when sold, As after this court issue is over I will be filing for a divorce.

Was this home before or after you filed for divorce or what is it that was filed with the courts.

No the divorce has not even been filed as of yet I have the papers with me.. but after this issue with the kids and his visits I will file for a divorce.. and the home was bought when we were not together but still married .

You mentioned a court order. What is it that has been filed with the courts ?

Are you under papers of separation ?

No separation the court papers are as is I have custody of both children since 1997, but right now he's looking to see the kids after 4 years of not being seen or heard from and he wants to lower his support and have me pay back a years of support payments to him... which worries me as I do not have a lawyer can't aforde one either... and may be forced to move from the only home my kids have known for the past 15 years.

What was filed in 1997 ?

OK in 1997 I was giving full custody of the children and he was ordered to pay support.. he has not seen the kids since 2005 and now he is taking me back to court to lower his support and to see the kids, we are still married have not filed divorce papers as of yet .he has no idea I am doing so... now in the mean time he had bought a home and then sold it in April and in the court papers he says he has sold the matrimonial home... I have never lived in this home he claims to have been a matrimonial home but I was wondering if because he claims it as such if I am able to go for half the money he got for it... also id like to know if he goes for back support for the last year if he could get it..

For some reason Im thinking that you have filed some sort or separation papers otherwise you can't get a custody decree and still be married. Going with that thought you wouldn't be entitled to anything from a home bought after you separated. That's the point of a legal separation. I think what would be best in your case would be to take the papers you have received and get a consultation with a family law lawyer and present them to him / her and ask for an explination as to where you stand in all of this. Something just isn't making any sense.

OK thank you I will do that and keep you posted.. thank youa again for all your help