Help save our home!

Mindy, Fiona, Soren, and Sebastien here, thanking you for taking the time to read our plea for assistance with legal fees and potentially save our home.

The last 3 years have been incredibly challenging for us all as we have navigated changes that we would have never expected.

The children's father and I (unmarried) separated in early 2021. We are both jointly named on the deed, mortgage, and solar loan. Over the course of the last 3 years all attempts to create an agreement have failed to make it into a written agreement.

In that time I have been solely responsible for the full burden of the mortgage, solar loan, and all utilities despite his continued use of the property and utilities. In addition to full financial responsibility, I have also had primary (full-time physical) custody of the children and they visit their father every-other weekend. There is a child support order, and it remains unpaid, leaving me without any assistance with the home or children.

All three children are diagnosed with ASD (Autism Spectrum Disorder). One has ASD, ADHD, and Generalized Anxiety Disorder, another with ASD and ADHD, and the third is diagnosed ASD, non-verbal with multiple other developmental delays.

Needless to say, therapies and appointments to make sure these children have access to all the supports available to them is beyond a full time job. I manage 12 therapies weekly, in addition to regular doctor, dental, medication management, and other appointments.

All 3 attend school with the aid of IEP and 504 plans. We do qualify for childcare vouchers for after school programs - BUT these programs are private and are not required to accommodate the special needs of my youngest, who has been excused and expelled from every program approved for said vouchers. In short, there is no childcare available to us that would allow me a full workday and accommodate access to the children's multiple therapies.

Assuming all 3 did at least attend a full school day for 5 days a week (which is practically never ), I would have 5 hours per day from 830am-1:30pm to "work," plus the 6 days a month they are with their father. Finding a job with those hours AND flexibility for illness, TWDs, Summer, Dr appointments, multiple therapies, etc has proven a near impossibility.

I have been utilizing Uber Eats, Spark, and a local company called KICKBACK to supplement income delivering food and groceries in every spare moment. These services allow me to sign in/out as needed without penalty in most cases so that I can manage the children. Those combined activities amount to an average income of ~$600 per month.

It is clear that my only access to income must be largely passive. And I SHOULD have that. Instead I have been blocked from access and use of the property's garage, built by my mother to protect our future, to generate the income necessary to continue to be able to support ourselves and cover all of the bills independently, without support.

In addition, I have been responsible for the increased bills (water, electric, non-functional solar) generated by that blocked use without contribution or assistance. I've even been denied access to repair the solar on the garage to help reduce that personal burden of electric on top of a solar bill for a unit that should be producing more than 107% of its energy usage.

Now comes the unfortunate part. The business (Corp) that was run out of the garage was dissolved in 2019, leaving the business owner fully responsible for any lawsuits as a result of the business' actions. That owner is also the joint owner (non-resident) of our home - which is now making our residence subject to their judgements.

As a result, the joint owner has filed a Petition to Partition with the Buncombe County Clerk of Court. This is an action typically used by joint owners to force sale of a property if it cannot be physically divided. This is not family court, so our circumstances are irrelevant to this court. This is where my legal fees are needed. We are lucky to have representation, and even more fortunate that they continue to show up to each hearing, despite my inability to pay.

Secondly, we are investigating our options in the following areas in regards to saving our home:

1) physical division of the property (I need a survey, which will cost ~$10,000)

2) assumption of current liens (mortgage/solar) as part of buyout or physical division

3) a written agreement outside of court for buy-out that ALSO exempts the property from the judgements against the opposing party (both mediation and many personal attempts have been met with roadblocks)

4) a complete standard buyout to refinance existing balances + his equity (credit and income do not make this possible for me alone.)

A sale, unfortunately, is the worst possible scenario.

If the home is sold, my access to ANY reliable income completely disappears. We simply cannot survive on $600/mo. I am unable to work full time as long I am solely providing the level of care and interventions required by 3 children on the Spectrum.

The proceeds from the sale will not be high enough for us to buy or qualify to buy other housing.

Any proceeds will be too high in assets for us to qualify for subsidized housing.

Apartment life is not suitable for 3 unintentionally but terribly destructive sensory-seeking stomping vocal children. Once proceeds run out from paying rents and bills we will be right back in this same sinking boat.

I simply cannot emphasize enough how detrimental the need for help is, how devastating this proceeding has been, or how intense the stress of an imminent threat to take our only housing has been on me, as a mother.

We have a wonderful team of community resources, and frankly at this point we just desperately need FINANCIAL resources.

I appreciate your time, consideration, and efforts to help us save our home!