In a Contempt Order against my ex-husband it states that he had until 07/31/07 to refinace our home and get it out of my name. It also states that the Defendant (him) must immediatly place the house for sell and we must agree on a fair price. Here is my problem. He refuses to sell, says no one can make him leave and that he will do whatever it takes to make sure the house will not sell - and because he is the one living in it that will be pretty easy to do. Can I, since the house is in my name soley and he is not cooperating take control and sell the house to an investor at whatever price I see fit?
2007-08-10 07:47:02 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Your best option at this point is to call an attorney in your area that is familar with both divorce and real estate laws, since laws can vary from state to state.
However, if you ex was issued a court order to put the house up for sale, he is going to have to do whether he likes it or not. As for fair market value; well that can be subjective, plus the market is currently a buyers market (msnbc). I think your ex is screwed, but check with an attorney for the most current laws in your state.
2007-08-10 07:59:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
What State or Country?
If in the USA just get a lawyer, or contact the family law court to advise them. Essentially the DA can file charges against him and he can be arrested. You can then get a civil judgment for half the fair price and the county will auction the house off to pay you and your lawyer, and he gets whats left.
DON'T DELAY or have any correspondence with him that might be interpreted that you support his position or want him to stay, a simple conversation like,"I'm going to call a lawyer if it isn't sold by September" could be a contract allowing him to stay.
2007-08-10 07:57:34 · answer #2 · answered by Reston 3 · 0⤊ 0⤋
You need to go back to court because he is in contempt of the previous ruling.
You might consider just selling the house to him (your share) if he will give you a reasonable sum and just give him a quit claim deed for your share of the home.
2007-08-10 07:55:01 · answer #3 · answered by mama woof 7 · 1⤊ 0⤋
Seems to me you have a couple of options.
First...your ex is in contempt of court and therefore your divorce attorney should be able to help you further with the issue.
Secondly, the house is yours...in your name...you could file eviction papers!
Just a couple of thoughts!
Best wishes.
2007-08-10 08:04:06 · answer #4 · answered by KC V ™ 7 · 0⤊ 0⤋
Petition the court to find him in contempt of the order. Good luck.
2007-08-10 07:57:32 · answer #5 · answered by trblueyess 4 · 1⤊ 0⤋
I'd have the Sheriff "relocate" him first.
2007-08-10 07:56:08 · answer #6 · answered by Lavrenti Beria 6 · 0⤊ 0⤋