My ex-wife and I were ordered to sell our marital home per our Marital Settlement Agreement. She refused to do so, and also did not disclose to the courts that she had already defaulted on the payments PRIOR to our final divorce hearing. I did not find out about it until after the divorce was final. She remained in the home and I moved to a new house. Full disclosure, she had put a restraining order on me which prohibited me from even entering the property at all. She was adamant that she wanted to remain in the home and was trying to refinance the mortgage or restructure it. I reached out to the Mortgage Company and said that she had no contact with them whatsoever and refused to return any of their calls with respect to the defaulted payments. I requested that they send her the information again and they did let me know that she was in fact "pre approved" for a refinance and or restructure of the home loan (which would get it out of my name completely). Well, she refused to fill out the paperwork, and also refused to allow me to put the home up for sale. I told her that I wanted to come and put up a FOR SALE sign and she said if I stepped foot on the property that she would call the police. The house fell to foreclosure, and she remained there for 18 months until they literally told her she had to move out.
We now have a deficiency judgment for $9000.00. She is telling me that I have to pay half. I understand the terms of our divorce agreement, but in light of these circumstances I am not sure if it is worth bringing her back to court for contempt to see if they will order her to pay the deficiency instead since she refused to sell or let me sell the house.
We now have a deficiency judgment for $9000.00. She is telling me that I have to pay half. I understand the terms of our divorce agreement, but in light of these circumstances I am not sure if it is worth bringing her back to court for contempt to see if they will order her to pay the deficiency instead since she refused to sell or let me sell the house.
