Home claimed in bankruptcy

[memah56]

What is the name of your state? IDAHO

In my divorce, which we did ourselves and it was final 3 yrs. ago, I was awarded the house and it was stated in the Decree that if and when I sold the house that I would give my spouse 1/2 of the net proceeds not to exceed $10,000.

During our divorce, my spouse filed bankruptcy exempting the house.

One year after our divorce my ex took me back to court and asked the court to order me to sell the house since I was delinquent on the payments. (the loan was in his name only) The Judge told us that he (spouse) had given up any and all claims on the house when he filed bankruptcy. The Judge dismissed the case stating that my ex had NO interest in the property.

In September, 2005 I sold the house. I did not give him anything so therefore he is now suing me for contempt of court and wants his half of the net proceeds. My defense is quoting what the Judge said in the previous case.

My question is: Is the Judge correct in his findings that my ex relinquished his rights to any proceeds from the house? If the judge is incorrect, can I be found in contempt of court because I followed his advice and didn't give my ex any of the proceeds? And last but not least I would just like your opinion on this matter, especially support if any since I will be representing myself.

Thanks for any and all advice.

[LdiJ]

Well, while I hate to disagree with a judge, your ex EXEMPTED the home from the bankruptcy. That means that the loan was reaffirmed. Therefore I don't see how it can be claimed that your husband gave up interest in the home via the bankruptcy.

You had best put the amount you were ordered to pay him aside...because I think there is a decent chance that you will end up having to pay him the money.....and possibly even his legal fees.