QUESTION
What should be my next step if my ex failed to execute court ordered agreement?
Asked on Jan 15th, 2014 on Divorce - Michigan
More details to this question:
I have signed over the family home in a divorce settlement. My ex is not of sound mind and her sister is the legal guardian of her affairs. It has been almost 3 years since the papers were signed and they have not taken me off of the title for the home and off the mortgage. They are claiming they can not do it since my ex is sick and can't obtain a new mortgage. What course of action do I have to rectify this so I can clear my credit with the house and move on with my financial affairs?
8 ANSWERS
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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It is a good idea to discuss this matter in detail with an attorney immediately. Because your former spouse did not follow the court order, there may be additional issues that you are not aware of at this time. That attorney can assist you with untangling the situation, and advise you on the effect of your former spouse's health issue(s) on your matter.
Answered on Jan 23rd, 2014 at 4:56 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You should consult local family law counsel to review this matter. Were you represented in the divorce settlement? Speak with the attorney who represented you. Without access to the actual court order it is impossible to advise you. In Arizona the court has the ability to appoint a special real estate commissioner to sell the property, but that may not be appropriate for your situation.
Answered on Jan 22nd, 2014 at 10:44 AM
Domestic Relations Law Attorney serving Taylor, MI
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Belanger, Paul, P.C.
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Motion to enforce Judgment.
Answered on Jan 20th, 2014 at 10:03 AM
Have you considered going back to Court and asking the Judge to find you ex in contempt and award sanctions? The Judge is the best person to enforce a prior Court Order.
Answered on Jan 20th, 2014 at 10:01 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If the Decree requires your former spouse to refinance the home and she has failed to do so, you can certainly take her into Court on a contempt action and ask the Court to require her to do as was originally ordered. I must advise you, however, that if in fact she is ill and cannot obtain refinancing, it is doubtful the court would find her in willful contempt.
Answered on Jan 20th, 2014 at 10:00 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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I would need to review the actual language used in your Judgment of Divorce to give you a definitive answer - hopefully the Judgment requires her to remove your name or the house gets sold. If the Judgment is silent on the issue, then you will need to file a Motion requesting the Judge to enter a post-Judgment Order requiring your ex to remove your name within a certain time period (say, 30 - 90 days), with the house to be sold if she cannot remove your name.
Answered on Jan 20th, 2014 at 9:56 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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You can file a petition to enforce the court order at issue. If the ex cannot refinance, you can suggest alternative relief to the court including ordering the property to be sold. I would suggest consulting an attorney.
Answered on Jan 20th, 2014 at 9:56 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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File a motion in the court to enforce the judgment. Have it modified so the house will need to be sold if they cannot remortgage it.
Answered on Jan 17th, 2014 at 10:01 PM