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  1. #1
    wildmanon344 is offline Junior Member
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    Filing Contempt against Ex-Wife

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

    I would like to get advice on how to file contempt charges against my ex-wife; but without an attorney due to money. During the divorce process I decided to give my ex-wife the house; which has both of our names on the mortgage, so my children would have a nice house to live in. The final divorce decree and deed I signed over states the house and bills with the house are her obligation. She is failing to pay the mortgage which is going against my credit b/c it's in my name too, they mortgage company is trying to foreclose on the house now as well. On top of that there are bills at that house in which my name is on those bills - she is not paying those either. The mortgage company says there is nothing I can do because she didn't refinance to get my name off of it. This is preventing me from being able to get a house on my own because of her not meeting the obligations in the divorce decree. My ex wife also sold every single item in which I was awarded in the divorce and actually claimed some of the items on an insurance claim in which she received money for the items; which I was awarded in the divorce. I have proof of all of this in documentation from creditors and insurance company. Is there anything I can do to file contempt on my own - without an Attorney?
  2. #2
    mistoffolees is offline Senior Member
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    Quote Originally Posted by wildmanon344 View Post
    What is the name of your state (only U.S. law)? TEXAS

    I would like to get advice on how to file contempt charges against my ex-wife; but without an attorney due to money. During the divorce process I decided to give my ex-wife the house; which has both of our names on the mortgage, so my children would have a nice house to live in. The final divorce decree and deed I signed over states the house and bills with the house are her obligation. She is failing to pay the mortgage which is going against my credit b/c it's in my name too, they mortgage company is trying to foreclose on the house now as well. On top of that there are bills at that house in which my name is on those bills - she is not paying those either. The mortgage company says there is nothing I can do because she didn't refinance to get my name off of it. This is preventing me from being able to get a house on my own because of her not meeting the obligations in the divorce decree. My ex wife also sold every single item in which I was awarded in the divorce and actually claimed some of the items on an insurance claim in which she received money for the items; which I was awarded in the divorce. I have proof of all of this in documentation from creditors and insurance company. Is there anything I can do to file contempt on my own - without an Attorney?
    Yes, you can file a motion for contempt.

    But you already messed it up once on your own, do you really want to go through that again?

    If she has money but is just not paying, then speak to an attorney about filing contempt AND asking the court to order her to pay your legal expenses.

    If she has no money, then filing for contempt isn't going to help you. Instead, you should be working on getting her to sell the house.
  3. #3
    Bali Hai is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    Yes, you can file a motion for contempt.

    But you already messed it up once on your own, do you really want to go through that again?

    If she has money but is just not paying, then speak to an attorney about filing contempt AND asking the court to order her to pay your legal expenses.

    If she has no money, then filing for contempt isn't going to help you. Instead, you should be working on getting her to sell the house.
    Seeing her butt cooling in the crow bar hotel for 30 days may be a big help.

    She OWES the money whether she has it or not!!
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by Bali Hai View Post
    Seeing her butt cooling in the crow bar hotel for 30 days may be a big help.

    She OWES the money whether she has it or not!!
    That does absolutely nothing to help his credit if the home ends up in foreclosure.

    Misto's advice was spot on.
  5. #5
    wildmanon344 is offline Junior Member
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    I had an attorney do the divorce so that was not done on my own. However, she has done all the rest (i.e. selling all the stuff I was awarded, and not pay the mortgage or bills) since the divorce was final.

    She has money to pay it, she get's more than half of the note from just my child support I pay her - so she just flat out isn't paying it. She also received $38k for Hurricane damages and she claimed she paid the house note up to date with the left over money, but the letters from Mortgage company say otherwise. I have proof of that insurance claim as well, in which she was suppose to have me sign it because my name is on the mortgage, but she forged it instead.

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