QUESTION
Divorce decree states our home was to be short sold, bank approved now but ex refuses to sign am I responsible?
Asked on Nov 15th, 2012 on Divorce - Colorado
More details to this question:
Will I be held accountable since I already signed short sale papers? He signed months ago but now final agreement he is refusing because he didn’t get move out funds. Also who is responsible for obtaining QDRO? I am account holder and he gets half.
11 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Meet with your attorney.
Answered on Apr 30th, 2013 at 11:14 PM
If court has already ordered the sale go back to the court to get either his signature or the court's signature on his behalf. You should consult a family law attorney to review the paperwork and assist you.
Answered on Nov 20th, 2012 at 1:04 PM
Estate Planning Attorney serving Las Vegas, NV
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Law Offices of Pamela R. Lawson
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You will need to call your ex ask him one more time to sign the papers as ordered by the court in your decree; if he refuses, you need to go back to court on an Order Shortening Time for an Order whereby the court can sign for him and request attorney fees for the appearance and motion if you use counsel. My position on the who should draft the QDRO is he should be responsible, he's getting the benefit.
Answered on Nov 19th, 2012 at 11:12 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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File an ex parte and serve him notice 1 day in advance by phone. Let judge know the is refusing to sign. The court will either force him or sign the papers by court order.
Answered on Nov 19th, 2012 at 10:43 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Go back to court, he will be ordered to sign if the court order says he has to. If he won't, he will be held in contempt.
Answered on Nov 19th, 2012 at 10:04 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to go to court and ask the judge to order him to sign. QDRO is prepared by attorney specialized in the area. Typically each party pays half cost.
Answered on Nov 16th, 2012 at 6:19 PM
The court can force him to go through with short sale, file a Rule to Show Cause. As for the the QDRO if the decree doesn't specify who is to prepare it, I suggest that you get it done.
Answered on Nov 16th, 2012 at 6:19 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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The divorce judgement should control what happens to the house and other issues. If your ex refuses to sign the paperwork, the judgement can be used instead of his signature. Otherwise, you can get a court order requiring him to sign. The QDRO should be prepared by the party specified in the judgment.
Answered on Nov 16th, 2012 at 6:03 PM
Steven D. Dunnings
Hire an attorney. If the pension is yours and he is to get it through a QDRO, then it's his responsibility unless the divorce judgment states otherwise.
Answered on Nov 16th, 2012 at 6:02 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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See an order forcing him to sign or having court sign on his behalf.
Answered on Nov 16th, 2012 at 6:02 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Assuming you are a party to the current loan secured by the house, if the short sale is never completed you will still be responsible. If he is refusing to comply with the court order, he is in contempt and you can ask the court order to sign the papers or face a punishment. It is also possible for the court to appoint someone else to sign the paperwork for him if he refuses to sign. If the court did not designate which party was responsible for the QDRO, it generally is the responsibility of the spouse who needs it to get what was awarded to him.
Answered on Nov 16th, 2012 at 6:01 PM