After divorce issues

[exwife]

What is the name of your state (only U.S. law)? Texas . Houston.

I got divorce on feb 2009. I gave all properties , furnitures and .... to my ex husband. I got NOTHING from divorce than my freedom.

We had home together . In my divorce decree I agree to give my ex 6 months to take my name off of 2 mortgages that we had.

Already 6 months past and same as before.

To take my name off of mortgages, he has 2 solutions: refinance it or sell home.
It seems that he does not want to refinance it even his revenue is triple than mine. The house is in the market but I do not think that he really wants to sell it.

My concern is :
For 6 months my life was like nightmare. I can not apply for credit card or take creidt to buy car and ......
Nobody want to give me credit because I have 2 big mortgages on my shoulders!
My ex husband does not care about my situation at all.

What can I do?

How I can oblige him legaly to take my name off? In this bad economy I do not think that he can sell house if even he is in good faith! ( I m not sure about it).

What is a motion to enforce the court ?

Is it efficient to file it ?

Thanks a lot to help me

 

[mistoffolees]

If the decree said that he was required to refinance or sell within 6 months and he hasn't done so, then you go back to court to have him held in contempt. Ask for the court to also order him to pay your legal expenses.

If the decree is as clear as you've stated, the court will probably enforce the order - particularly if there's enough equity in the home for him to refinance.

 

[Bali Hai]

If the decree said that he was required to refinance or sell within 6 months and he hasn't done so, then you go back to court to have him held in contempt. Ask for the court to also order him to pay your legal expenses.

If the decree is as clear as you've stated, the court will probably enforce the order - particularly if there's enough equity in the home for him to refinance.

The house is on the market, if it doesn't sell, even a court order or judge throwing a tantrum and holding the owner in contempt will make it sell.

 

[mistoffolees]

The house is on the market, if it doesn't sell, even a court order or judge throwing a tantrum and holding the owner in contempt will make it sell.

The judge CAN, however, force him to make a real effort to sell.

If a person has a divorce decree that says they will sell a home and the home is worth $100,000 and the person puts it on the market for $500,000, he's not going to be able to escape contempt penalties.

We don't know the details, but OP said that her ex didn't make a serious effort to sell. Based on the way she described the decree, the court can require a serious effort, not just window dressing.

 

[Bali Hai]

The judge CAN, however, force him to make a real effort to sell.

If a person has a divorce decree that says they will sell a home and the home is worth $100,000 and the person puts it on the market for $500,000, he's not going to be able to escape contempt penalties.

We don't know the details, but OP said that her ex didn't make a serious effort to sell. Based on the way she described the decree, the court can require a serious effort, not just window dressing.

On the other hand if the house is professionally appraised for $100k and OP only gets an offer of 50k for instance, will the judge make him take the lower offer to get OP's name off the mortgage? If so, why doesn't OP or someone she knows make a ridiculously low offer and steal the property? Happens all the time in divorce distress sales.

A similiar situation happened to me in that my ex and I agreed to sell the house in order to divide the equity. No mortgage. A buyer comes along with a ridiculously low offer and my ex signed the purchase offer.

I didn't sign the offer but instead counter-offered to buy her out of her share of the home at the price that she legally agreed to sell to others.

I was taken to court for contempt and the judge told me if I was going to buy her out, I needed to pay her 50% of the fair market value of the home, held me in contempt and forced me to pay her lawyer.

Figure that one out genius.

OP doesn't "think" he made a serious attempt to sell the house. No matter if he made a serious attempt or not, the judge will probably agree with her based on my experience with the idiots.

 

[mistoffolees]

Yes, Bali. We know that in your world that men are always screwed and women get everything they ask for and men go to jail for nothing at all.

Fortunately, in the real world, justice is usually served. If the divorce decree says that OP's ex has to refinance or sell and he hasn't done either, he is in contempt. If he really has made an honest attempt to sell the house, then he can show the judge the effort he has made.

 

[Golfball]

I'm in agreement with Bali on this one, what constitutes "reasonable" efforts to sell?

Assuming the obvious, that the house is neatly kept, lawn trimmed, and other obvious maintenance, and that the price is set to that of the most recent appraisal paid for by the occupant (or below), and the property is indeed listed with a realtor, what else could be done?

And given that there are two mortgages (as per OP) on the property, there may not be enough equity to refinance, regardless of the income and/or credit score.

 

[mistoffolees]

I'm in agreement with Bali on this one, what constitutes "reasonable" efforts to sell?

Assuming the obvious, that the house is neatly kept, lawn trimmed, and other obvious maintenance, and that the price is set to that of the most recent appraisal paid for by the occupant (or below), and the property is indeed listed with a realtor, what else could be done?

And given that there are two mortgages (as per OP) on the property, there may not be enough equity to refinance, regardless of the income and/or credit score.

It's impossible to say if he has made a reasonable effort to sell since only OP's ex knows what has been done.

It IS, OTOH, reasonable to expect someone to follow a court order. If the court order says that he has to refinance or sell, the process is straightforward. OP would ask the judge for a 'show cause' hearing. At that hearing, her ex would have the right to defend himself and demonstrate that he actually DID make an effort to refinance or sell. If he can demonstrate that he made a reasonable effort and was unable to refinance or sell, then he's not likely to be held in contempt. If, OTOH, OP is right that he never tried to refinance and only made a half-hearted effort to sell, then the judge is likely to force him to make a real effort.

Either way, justice is served.

The fact that he might have a defense isn't a reason not to ask for him to show cause.

 

[exwife]

more questions

Thanks a lot for your responses.

The Divorce Decree text is as following:

The court finds that respndent , x (my ex) has agreed to refinance the loans listed in numbers 6 and 7 ( description of loans) above solely in his own name within 6 monts from date the court signs this agreed final decree of divorce,it s therefore,
Ordered, adjudged and decreed that respondent x shall refinance the loans listed in numbers 6 and 7 ( description of loans) above solely in his own name within 6 monts from date the court signs this agreed final decree of divorce.it s further.
Ordered, adjudged and decreed that as a part of the division of the estate of the parties that any community liability not expressly assessed or ordered to be paid by a party under this decree is ordered to be paid by the party incurring such liability.

I have fews questions:

- What is the exact name of paperwork that I should file on Court?

- is it the same as Motion to Enforce the Court Order?

- so I can ask him also to pay my attorney fees regarding this filling process?

- I know my ex and I know that he does not really want to sell house.
We bought a special (test) home last year at this time, I know if even his attention is good he can not sell it quickly !
He put the house in the market plus 40K$ more from feb 2009. From 2 weeks ago that I sent him email about this issue , he decresed price and make a several open house.So in this case, even he does effort to sell house I should wait till **************? maybe that will take 1 year or more what should I do?

I should mention that I have any right for this house. The house is in his name after divorce.As I said I need only to take out my name on mortgages and do my normal life. Beleive me with this economy and with out credit you can not leave easily!

I really appreciate your help.

Thanks again

 

[mistoffolees]

Thanks a lot for your responses.

The Divorce Decree text is as following:

The court finds that respndent , x (my ex) has agreed to refinance the loans listed in numbers 6 and 7 ( description of loans) above solely in his own name within 6 monts from date the court signs this agreed final decree of divorce,it s therefore,
Ordered, adjudged and decreed that respondent x shall refinance the loans listed in numbers 6 and 7 ( description of loans) above solely in his own name within 6 monts from date the court signs this agreed final decree of divorce.it s further.
Ordered, adjudged and decreed that as a part of the division of the estate of the parties that any community liability not expressly assessed or ordered to be paid by a party under this decree is ordered to be paid by the party incurring such liability.

I have fews questions:

- What is the exact name of paperwork that I should file on Court?

- is it the same as Motion to Enforce the Court Order?

- so I can ask him also to pay my attorney fees regarding this filling process?

- I know my ex and I know that he does not really want to sell house.
We bought a special (test) home last year at this time, I know if even his attention is good he can not sell it quickly !
He put the house in the market plus 40K$ more from feb 2009. From 2 weeks ago that I sent him email about this issue , he decresed price and make a several open house.So in this case, even he does effort to sell house I should wait till **************? maybe that will take 1 year or more what should I do?

I should mention that I have any right for this house. The house is in his name after divorce.As I said I need only to take out my name on mortgages and do my normal life. Beleive me with this economy and with out credit you can not leave easily!

I really appreciate your help.

Thanks again

The name of the motion may vary - ask your court clerk. It could be 'Motion to Enforce Order' as you suggest or 'Motion to Show Cause'.

I would file and ask for damages in the amount of legal expenses (filing fees and attorney's fees if you use an attorney) as well as specific of the order.

I think I would first send him a certified letter stating that you will be taking him to court to enforce the order as well as collect your legal expenses if he does not act within 30 days. You could give him one additional option besides what the decree says. Under some circumstances, a lender will take one spouse's name off the mortgage for a nominal fee, so I'd accept that if he doesn't want to refinance or sell.

 

[Bali Hai]

The name of the motion may vary - ask your court clerk. It could be 'Motion to Enforce Order' as you suggest or 'Motion to Show Cause'.

I would file and ask for damages in the amount of legal expenses (filing fees and attorney's fees if you use an attorney) as well as specific of the order.

I think I would first send him a certified letter stating that you will be taking him to court to enforce the order as well as collect your legal expenses if he does not act within 30 days. You could give him one additional option besides what the decree says. Under some circumstances, a lender will take one spouse's name off the mortgage for a nominal fee, so I'd accept that if he doesn't want to refinance or sell.

How much would you expect her to pay to get her name off the mortgage?

 

[mistoffolees]

How much would you expect her to pay to get her name off the mortgage?

She's not the one who was previously ordered by the court to do so.

You seem to think that court orders are optional. They're not.

 

[Bali Hai]

She's not the one who was previously ordered by the court to do so.

You seem to think that court orders are optional. They're not.

I do not think that court orders are optional, just the stupid ones issued by jackass judges.

 

[LdiJ]

I do not think that court orders are optional, just the stupid ones issued by jackass judges.

However, this was an agreement that was turned into a court order.

 

[mistoffolees]

However, this was an agreement that was turned into a court order.

Don't confuse Bali with facts.