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Ex-husband in contempt of property settlement

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snarf

Junior Member
What is the name of your state (only U.S. law)? PA

The basics: We were married in November 2004. I filed for divorce in April 2008. We have no dependents. The divorce was finalized in July 2009.

The property: I vacated the house we mortgaged. Ex-husband continued to live there and pay the mortgage. I took with me all the bills in my name and did not ask for any spousal support/alimony/etc., despite the fact that ex-husband earned more than twice what I did. He and/or his lawyer dragged their feet every step of the way and would take forever to reply to phone calls or letters from my lawyer or me, if they replied at all.

As per the property settlement agreement, ex-husband remained in the house and continued to pay the mortgage. I agreed to remain on the mortgage until July 2010 (1 year after the date of the divorce finalization) in order to give him time to save money to refinance my name off of the mortgage, since the mortgage was upside-down. Ex-husband did not do so, and to this date, he has not refinanced.

One of the stipulations of refinancing is that he has to be current on the mortgage for at least 1 year before refinancing. At this point, he is 3 months behind on the mortgage and has received a foreclosure notice that expires on January 5th. He has been continuously negligent of paying the mortgage in a timely manner and I have been contacted numerous times by the lender concerning the mortgage and his lack of payment.

He did not respond to my email pertaining to the house in July of this year, and about 3 weeks ago, I emailed him and cc-ed his mother in hopes of spurring him to action. He told me not to contact his family again, and that I would be hearing from his lawyer. To date, I have yet to hear from his lawyer.

I would like to sell this house or foreclose on it. I am tired of dealing with these shenanigans and his irresponsibility. My credit is already ruined from the divorce and his actions during the marriage, and I am not comfortable with how things are right now. I am told by others that ex-husband is in contempt of the divorce ruling right now. I want to take action. What can I do?

I do not know if he has remarried, but I do know he has had a baby with another woman and I therefore assume that she and the baby are living in the house.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? PA

The basics: We were married in November 2004. I filed for divorce in April 2008. We have no dependents. The divorce was finalized in July 2009.

The property: I vacated the house we mortgaged. Ex-husband continued to live there and pay the mortgage. I took with me all the bills in my name and did not ask for any spousal support/alimony/etc., despite the fact that ex-husband earned more than twice what I did. He and/or his lawyer dragged their feet every step of the way and would take forever to reply to phone calls or letters from my lawyer or me, if they replied at all.

As per the property settlement agreement, ex-husband remained in the house and continued to pay the mortgage. I agreed to remain on the mortgage until July 2010 (1 year after the date of the divorce finalization) in order to give him time to save money to refinance my name off of the mortgage, since the mortgage was upside-down. Ex-husband did not do so, and to this date, he has not refinanced.

One of the stipulations of refinancing is that he has to be current on the mortgage for at least 1 year before refinancing. At this point, he is 3 months behind on the mortgage and has received a foreclosure notice that expires on January 5th. He has been continuously negligent of paying the mortgage in a timely manner and I have been contacted numerous times by the lender concerning the mortgage and his lack of payment.

He did not respond to my email pertaining to the house in July of this year, and about 3 weeks ago, I emailed him and cc-ed his mother in hopes of spurring him to action. He told me not to contact his family again, and that I would be hearing from his lawyer. To date, I have yet to hear from his lawyer.

I would like to sell this house or foreclose on it. I am tired of dealing with these shenanigans and his irresponsibility. My credit is already ruined from the divorce and his actions during the marriage, and I am not comfortable with how things are right now. I am told by others that ex-husband is in contempt of the divorce ruling right now. I want to take action. What can I do?

I do not know if he has remarried, but I do know he has had a baby with another woman and I therefore assume that she and the baby are living in the house.
If your credit is already tanked from the whole process, then you might as well just allow the home to go into foreclosure. You don't have to do anything for that to happen, the bank will take care of that all by themselves.

He IS in contempt of the divorce ruling, but if he cannot make the mortgage payments, its not going to do you much good to file for contempt.
 

snarf

Junior Member
Well, the thing is, he'll get consistently behind by 2 or 3 months, then make one payment, putting him back to 2 months behind, on and on. This has been happening for over 2 years since I left. So you can see that the cycle is basically never-ending.

Thank you for your help.

ETA: Also, he was able to make the payments when I left, and he certainly had enough to have a child with someone 2 months after the divorce was finalized.
 

Ohiogal

Queen Bee
Well, the thing is, he'll get consistently behind by 2 or 3 months, then make one payment, putting him back to 2 months behind, on and on. This has been happening for over 2 years since I left. So you can see that the cycle is basically never-ending.

Thank you for your help.

ETA: Also, he was able to make the payments when I left, and he certainly had enough to have a child with someone 2 months after the divorce was finalized.
Sex however costs nothing. How much did he pay the mother of his child to have sex with her?
 

Fatfat14

Junior Member
I actually got a similar situation where my credit is completely screwed and the house is close to foreclosure. I think your situation is better than I do tho because my case is still ongoing and there is not stipulation on who is paying what...
 

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