Decree Question

[RACERPOPS]

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

If a decree is not fullfilled, say in the sale of a house, what rights do i have ? Can I move-in? Since my name is still on the mortgage.

 

[LdiJ]

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

If a decree is not fullfilled, say in the sale of a house, what rights do i have ? Can I move-in? Since my name is still on the mortgage.

It depends on what else the divorce decree says about the house.

 

[RACERPOPS]

It states that the house is to be refinanced and or sold with-in six months of the divorce. It's been two years. It does state that she get the house.

 

[mistoffolees]

It states that the house is to be refinanced and or sold with-in six months of the divorce. It's been two years. It does state that she get the house.

Then it's pretty simple.

If it says that she gets the house, then you can't move it.

If it says it must be refinanced or sold within 6 months and she hasn't done so, then you can file for contempt to force her to sell.

 

[LdiJ]

It states that the house is to be refinanced and or sold with-in six months of the divorce. It's been two years. It does state that she get the house.

Then you cannot move in. If she has not actively been trying to sell the house, or at least not actively trying to sell it for a fair market value, then you can take her to court for contempt.

However, if she has been actively trying to sell the house at fair market value, you cannot.