violation of separtaion agreement/marital waste??

[purpleiris67]

What is the name of your state (only U.S. law)? NC
My STB EX began drinkng and took off 7/8/08 leaving me in a home w/ alot of problems. I got a home inspection done prior to the first meeting for temp support etc. My attorney was given a copy, i do not believe she gave exs attny a copy. Inspection showed structural damage, hole in roof, rotten wood, mold issue, plumbing and electrical work not up to code etc. Got an estimate for repairs it totalled $42k. Separation agreement states that we were to sell some things to put money into the house for repairs in order to sell. We were able to get 7K to put into the house. Agreement states ex was to do all work he is capable of doing (he is very handy) and that he was to provide progress reports every 2 months. Hes not provided reports and is now telling me that he intends to put in new carpet and hire a professional tile cleaner both of which are purely cosmetic issues while hes not done any of the structural, electrical, plumbing etc..The new carpet and clean tile will not make any difference to a potential buyer if the house will not pass inspection. I breifly got to ask my lawyer what to do about this...her reply was we cant micromanage how he spends the money...well what options do I have if his poor judgement in using this money to make repairs costs us the sale of the house or even just keeps us from making a decent profit?? His errors are basically costing me money

 

[mistoffolees]

If the decree says that he has to do structural repairs and he hasn't done them, then you could file for him to be held in contempt. Or, if he hasn't provided reports as required, you could also ask for him to be held in contempt.

Or, you could pay to have it done and then try to collect from him.

 

[purpleiris67]

The court order states he is to do reairs that he can do to get the house ready for sale..
it is very vague

 

[mistoffolees]

The court order states he is to do reairs that he can do to get the house ready for sale..
it is very vague

Then you can file for contempt if you can prove that he could have done certain repairs.

If you can't prove that he was capable of certain repairs, you're going to have to ask the court for clarification.

Or you can simply pay to have the repairs done, sell the house, and then ask the court to deduct what you spent on repairs from the selling price in determining equity.

The attorney who wrote up that agreement should be disbarred, though. It's not hard to predict that the two parties would be back in court fighting over it.