Could this be 'Contempt of Court'

[sgtpepper9999]

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

My wife and I are in the middle of our divorce. Temp hearing is scheduled in 2 week. The temporary order states the following:

"Petitioner is awarded temporary exclusive occupancy. During her period of temporary exclusive occupancy, the petitioner shall not perform, or allow to be performed, any renovations to the property, nor shall she allow for the removal of any fixtures on the property"

She is painting a room without my permission or my input. I am solely on the mortgage but we are both on the deed and fighting for the house.

Is painting considered 'renovations' in the courts eyes or is this too petty to bring up???

Thanks

 

[sandyclaus]

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

My wife and I are in the middle of our divorce. Temp hearing is scheduled in 2 week. The temporary order states the following:

"Petitioner is awarded temporary exclusive occupancy. During her period of temporary exclusive occupancy, the petitioner shall not perform, or allow to be performed, any renovations to the property, nor shall she allow for the removal of any fixtures on the property"

She is painting a room without my permission or my input. I am solely on the mortgage but we are both on the deed and fighting for the house.

Is painting considered 'renovations' in the courts eyes or is this too petty to bring up???

Thanks

Really? You want to complain because she is painting a room? Is this a hill you want to die on?

Yes, painting falls under the "renovations" category. However, unless she is doing a seriously trashy job, or painting it with hundreds of ugly colors and/or tossing paint about and vandalizing the room, let her paint. There are definitely more worthwhile issues to pursue.

 

[LdiJ]

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

My wife and I are in the middle of our divorce. Temp hearing is scheduled in 2 week. The temporary order states the following:

"Petitioner is awarded temporary exclusive occupancy. During her period of temporary exclusive occupancy, the petitioner shall not perform, or allow to be performed, any renovations to the property, nor shall she allow for the removal of any fixtures on the property"

She is painting a room without my permission or my input. I am solely on the mortgage but we are both on the deed and fighting for the house.

Is painting considered 'renovations' in the courts eyes or is this too petty to bring up???

Thanks

Its probably too petty to bring up...particularly if she is not painting it some wild color.

 

[stealth2]

Oh, I think you SHOULD bring it up in court. And then watch the judge's head spin...

 

[Bali Hai]

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

My wife and I are in the middle of our divorce. Temp hearing is scheduled in 2 week. The temporary order states the following:

"Petitioner is awarded temporary exclusive occupancy. During her period of temporary exclusive occupancy, the petitioner shall not perform, or allow to be performed, any renovations to the property, nor shall she allow for the removal of any fixtures on the property"

She is painting a room without my permission or my input. I am solely on the mortgage but we are both on the deed and fighting for the house.

Is painting considered 'renovations' in the courts eyes or is this too petty to bring up???

Thanks

Yes, it's considered renovations. You might send her a certified letter demanding that she cease and desist.

Court orders are to be obeyed and not flouted by either party.

 

[LdiJ]

Yes, it's considered renovations. You might send her a certified letter demanding that she cease and desist.

Court orders are to be obeyed and not flouted by either party.

Bali, are you TRYING to get this guy to make a fool out of himself in court? Besides, she is probably already done by now.

 

[Bali Hai]

Bali, are you TRYING to get this guy to make a fool out of himself in court? Besides, she is probably already done by now.

She's in contempt of court orders and he's the fool in court?

Oh, well, since she's probably done by now, the fact that she is/was in contempt is ok.

Let's not minimize the fact that she's in contempt. You wouldn't do it for OP.

 

[LdiJ]

She's in contempt of court orders and he's the fool in court?

Oh, well, since she's probably done by now, the fact that she is/was in contempt is ok.

Let's not minimize the fact that she's in contempt. You wouldn't do it for OP.

Bali she painted a room...that is not even necessarily renovations...it could merely be normal maintenance. That is why he would make a fool out of himself in court to pursue contempt on something so trivial.

 

[tranquility]

Bali she painted a room...that is not even necessarily renovations...it could merely be normal maintenance. That is why he would make a fool out of himself in court to pursue contempt on something so trivial.

While I think painting is clearly a "renovation", I think the problem is the OP is not looking at the whole picture as a judge would. A judge is trying to keep the property from waste or from hindering other options if the final order is to sell the property. This (absent the wild color issue you brought up before) was not what the judge intended to deny. When a person brings in such a picayune complaint that is not the purpose for the order in the first place, no judge is going to hold the spouse in contempt. I don't believe there would be sanctions against the complaining party, but, no judge will assume they are reasonable in their demands from that point forward.

 

[Zigner]

While I think painting is clearly a "renovation"...

That is open to interpretation. As mentioned above, it COULD be considered routine maintenance.

 

[Bali Hai]

Bali she painted a room...that is not even necessarily renovations...it could merely be normal maintenance. That is why he would make a fool out of himself in court to pursue contempt on something so trivial.

Might not be so trivial should he end up with the house. That's why the temp. court order is in place. If it's the wrong color, a mural of Fabio, or lead based paint, he has a legit concern.

She has no right and should cease and desist immediately restoring the property to its original condition.

 

[ecmst12]

You can't get lead based paint anymore, and if he doesn't like the color, he can paint it again - not a big deal.

 

[tranquility]

That is open to interpretation. As mentioned above, it COULD be considered routine maintenance.

Did you look up the word?

ren·o·vate (rn-vt)
tr.v. ren·o·vat·ed, ren·o·vat·ing, ren·o·vates
1. To restore to an earlier condition, as by repairing or remodeling.
2. To impart new vigor to; revive

Definition of RENOVATE
1
: to restore to a former better state (as by cleaning, repairing, or rebuilding)
2
: to restore to life, vigor, or activity : revive <the church was renovated by a new ecumenical spirit>

renovate
verb
renovate pronunciation English ˈrenəveɪt renovate pronunciation American ˈrenəveɪt

renovate something to repair and paint an old building, a piece of furniture, etc. so that it is in good condition again

 

[CSO286]

She's in contempt of court orders and he's the fool in court?

Oh, well, since she's probably done by now, the fact that she is/was in contempt is ok.

Let's not minimize the fact that she's in contempt. You wouldn't do it for OP.

She's not in contempt until a judge finds her in contempt. Until/unless that occurs, she has simply (and only possibly) violated the court order.

 

[Zigner]

Did you look up the word?

The Federal Government would disagree on what constitutes a renovation in some cases. As an example, for lead-paint purposes in rental housings, if one were to simply slap a coat of paint on a wall, it wouldn't trigger the requirements that come in to play when a renovation is done. But, if the wall were also sanded, it would.

Again, I disagree that this would necessarily be a renovation. Might it be? Sure. Will the judge care? Who knows? The OP is free to bring a contempt motion, but let's be real...the WORST that would happen is the other party might be verbally admonished and then things would move on.

(Assuming, as mentioned previously, that we're not talking about something outlandish.)