My ex wife isnt following our divorce agreement. What should I do to force her to.

[piscespet]

Maine

My ex wife and i were divorced 10 years ago. In the divorce agreement, she was supposed to sell our house shes been living in and i was to receive 35% of the equity when my youngest child turned 18 which was march 2017 or get an appraisal and pay me 35% based on that no later than june 2017. She has made no effort to do either of those things and is not willing to communicate in good faith or move forward to satisfy the court order. I think I am at the point where I need to have contempt and enforce motions filed, and my own appraisal/market analysis done on the property to force her to comply. I dont know if this is what I need to have done or ? Should I be hiring an attorney or can this be done myself or ? Any input would be greatly appreciated.

 

[Ohiogal]

Maine

My ex wife and i were divorced 10 years ago. In the divorce agreement, she was supposed to sell our house shes been living in and i was to receive 35% of the equity when my youngest child turned 18 which was march 2017 or get an appraisal and pay me 35% based on that no later than june 2017. She has made no effort to do either of those things and is not willing to communicate in good faith or move forward to satisfy the court order. I think I am at the point where I need to have contempt and enforce motions filed, and my own appraisal/market analysis done on the property to force her to comply. I dont know if this is what I need to have done or ? Should I be hiring an attorney or can this be done myself or ? Any input would be greatly appreciated.

Do you know what the law and rules require to file a motion to show cause? If not, then you need to educate yourself or hire an attorney.

 

[HRZ]

Take ohiogals advice ...plus assume that EX will find " excuses " for more time and court may grant same ...plan ahead to narrow down the time schedule ...and consider that EX finds it impossible to,pay or structures facts to make it so...

 

[latigo]

Maine

My ex wife and i were divorced 10 years ago. In the divorce agreement, she was supposed to sell our house shes been living in and i was to receive 35% of the equity when my youngest child turned 18 which was march 2017 or get an appraisal and pay me 35% based on that no later than june 2017. She has made no effort to do either of those things and is not willing to communicate in good faith or move forward to satisfy the court order. I think I am at the point where I need to have contempt and enforce motions filed, and my own appraisal/market analysis done on the property to force her to comply. I dont know if this is what I need to have done or ? Should I be hiring an attorney or can this be done myself or ? Any input would be greatly appreciated.

First some comments:

If you had a decent lawyer in the beginning you would not be in this fix. Its water under the bridge, but you should never have allowed the entry of a decree in which your wife was awarded the home as her sole and separate property. In other words, taking you off of the title. Not if there was an appreciable equity in the home.

And this business of deferring your share of that equity for 10 years was sheer madness! What the dickens were you thinking? That she'd never have creditors or the IRS encumbering the title? Or take out a second mortgage?

If you had remained on the title you could have forced her hand with the threat of a petition for partition.

Moreover, from her point of view and assuming that she assumed the mortgage it was foolish of her to agree to be in the position where her future mortgage payment and the reduction of the principal would increase your share of the equity. From her standpoint equity should have been established and fixed at the time of the decree.

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That said you definitely need the services of a competent attorney clear up the mess. And my suggestion would be to ultimately file a bifurcated motion with the court. Meaning a two stage process. First for the court to find from your proof the actual cash value of your 35% of equity. And that that 35% be calculated on market value less the current principle balance of any liens against the property existing at the time of the decree. By that mean to exclude any intervening liens.

Secondly once that 35% is determined to award a judgement for that figure in your favor with the formal entry of the judgment and execution thereon deferred for a reasonable period to allow her to market and sell the home.

Note that I used the adverb ultimately advisedly. The thought being to forewarn her of your intention to file the motion as hopefully a way of getting her out of her comfort zone and off of the pot and get the property listed and sold.

Personally I'm not in favor of pursuing a motion in re contempt because the best you would end up with would be the same court order she is already neglecting. "Sell the home." Anyway follow the advice of you lawyer, the best you can afford and don't be foolishly thinking you don't need one.

 

[HRZ]

I would hope you are entitled to the 35% of the full current market value adjusted only for remainder principal on the then current loan ...and not any intervening problems ..but given her failure to,step,up and get something done that she has had 10 years notice to do...I,would,be keen to seek sanctions as in my full attorney cost,recovery IF there is any significant delay to,get it done ..and i try to fix that a like 60 days. BTW I'd be a bit nervous if she engineers her own choice of a friendly appraisal or a friendly sale and I'd want my counsel to have alternatives at,the ready.