I am stuck in not knowing what to do with marital home. I offered my husband to stay in the house until our youngest daughter turn 18 and graduates high school to sell the house at a later time and offered him a 70/30 due to the fact that he's abandoned the household on 3 occasions without contributing to mortgage, one of which I became unemployed and indebted myself and cashed on my 401k in order to maintain household. I offered a percentage instead of getting a credit from what he owes from not contributing to mortgage which will be more. I then had to file bankrupt and kept him out of it. Now my credit is ruined and his is clean. He has money saved up when I can't afford to do so. He is giving a hard time accepting the offer and insists that it is not a fair offer. I even offered him to stay with house under same conditions (him paying mortgage and I move out), but of course, he can't afford to do so. I feel cheated because I pay and he benefits. This makes no sense and it's not fair at all! I can't afford to fight in court since I have no money nor credit and only reason I wanted to stay in house was becasue of my kids. Bad credit won't allow me to get a decent place. What can I do to make this fair? Please help.

Is the divorce final yet? There should be a clause in it that addresses the house issue so that there should be no entanglements. It is never a good idea to have any such joint financial dealings with your ex afterwards.

Judy: In many cases, the marital home is sold. The other poster "Blue" is right. Info. about the house should/should have been in the divorce agreement. Your Lawyer should have addressed this if you have one.

Thanks Blue and Lara:

I do have a lawyer and when we served him with papers, we also served him with a copy of our proposed settlement agreement because we had agreed to settle out of court. He is now not agreeing to the 70/30 split and this is why we are stuck. I was going to stay in house until sold while he didn't contribute to mortgage. Mind me that he's stopped contributing in the past as well. My frustration is that I've been told by several attorneys that I deserve a credit for amounts owed by him and this is why I offered him this percentage. His lawyer is telling him that it doesn't matter if he stopped contributing at some point and that he is entitled to his share regardless. Does that seem fair? I've basically been the sole provider because since I earn more than him (not much more), he took advantage of that and passed on the majority of the responsibilities (financial and other) to me.

Most states these days stipulate that divorcing spouses split marital assets and marital debts more or less evenly unless they agree to different percentages. Basically, anything acquired during marriage is considered marital, regardless whether one person paid for it or not.
There's a small number of situations otherwise, like infidelity, but the bar for proof is high.
Assuming more of his debt is a good negotiating tactic but you say he's not cooperating.