QUESTION
Is there a way to enforce our divorce agreement? How?
Asked on May 20th, 2015 on Divorce - Florida
More details to this question:
My ex said that she was going to remortgage our house under her name within six months of our divorce. That time is almost coming to an end and now she’s saying that she can’t remortgage the house. What legal options do I have?
8 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This is common you need to file a motion to have her held in contempt or to sell the house to take your name off the mortgage.
Answered on May 22nd, 2015 at 12:19 AM
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Yes, you can file for an "Order to Show Cause" or contempt action against her. If she is found in contempt (if she has not made reasonable efforts - since the divorce court cannot order a bank to lend to her), she will be placed on a purge plan to seek refinancing or sell the home to get you out from under the mortgage. You should bring your decree and agreement to an attorney to discuss your options. Best wishes.
Answered on May 20th, 2015 at 6:13 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Did either one of you have a lawyer representing you in the divorce? It is almost always a good idea. If you had one, go back to him or her and ask about the merits of bringing a contempt action. A defense to a contempt motion is inability to perform. That may have happened in this case. In which case you probably want a new order requiring her to try, say at least once per year, and give proof of her application.
Answered on May 20th, 2015 at 4:36 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Go back to court and ask them to enforce the Judgment. Sometimes, just serving her with your papers and notice of a court date (also requesting she pay your attorney fees) will motivate her to do something.
Answered on May 20th, 2015 at 3:23 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File a Motion to Enforce the Final judgment.
Answered on May 20th, 2015 at 3:21 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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What matters is what is in the divorce decree and property settlement incorporated in it. If that orders her to refinance, you can go to court on a motion to compel, if it was just a verbal agreement, it's meaningless. All issues relevant to property in a marriage must be incorporated into the decree.
Answered on May 20th, 2015 at 2:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Divorce agreements and settlements are enforced in the divorce court. I would have to redo the judgment or settlement before I could render an opinion as to what options you might have.
Answered on May 20th, 2015 at 2:03 PM
You can go back to Court and ask the Judge to issue an Order requiring the sale of the home. If she can't remortgage the home under her own name, there is a good chance that the Court will issue the appropriate Order. Good luck.
Answered on May 20th, 2015 at 2:02 PM