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Ex not fulfilling their part of the agreement.

#1
What is the name of your state (only U.S. law)? Colorado.

My divorce was finalized a year ago and I have been separated for 2 years.

We still own a house together. In the divorce agreement, I am to get half of the house refinance value. There was never a time limit on the agreement as to when the refinance needed to be done.

My credit is completely tied up in that house and the other party is letting it deteriorate, which must be reducing the value.
I realize there was never a time limit as to when the refinance had to be done, but what can I do to begin the process of getting the other party to fulfill their end of the agreement?
 

Zigner

Senior Member
#2
What is the name of your state (only U.S. law)? Colorado.

My divorce was finalized a year ago and I have been separated for 2 years.

We still own a house together. In the divorce agreement, I am to get half of the house refinance value. There was never a time limit on the agreement as to when the refinance needed to be done.

My credit is completely tied up in that house and the other party is letting it deteriorate, which must be reducing the value.
I realize there was never a time limit as to when the refinance had to be done, but what can I do to begin the process of getting the other party to fulfill their end of the agreement?
Go back to court...however, you do realize that your ex-spouse may not be able to refinance in his/her name alone, right? Why wasn't the house ordered sold?
 
#3
Thank you for the reply, I just need more specifics.
When would the house be ordered sold? Would that be after I file something to the court to make them aware of the situation?
I don't know what to file to even go back to court at this point.
Thanks.
 

Zigner

Senior Member
#4
Thank you for the reply, I just need more specifics.
When would the house be ordered sold? Would that be after I file something to the court to make them aware of the situation?
I don't know what to file to even go back to court at this point.
Thanks.
If it's ordered sold and still doesn't sell...what then?

You are going to want to speak with a local attorney about this matter.
 

latigo

Senior Member
#5
What is the name of your state (only U.S. law)? Colorado.

My divorce was finalized a year ago and I have been separated for 2 years.

We still own a house together. In the divorce agreement, I am to get half of the house refinance value. There was never a time limit on the agreement as to when the refinance needed to be done.

My credit is completely tied up in that house and the other party is letting it deteriorate, which must be reducing the value.
I realize there was never a time limit as to when the refinance had to be done, but what can I do to begin the process of getting the other party to fulfill their end of the agreement?
You really ought to be asking the attorney that represented you in the divorce case and left you hanging out to dry! Or would I be safe in assuming that you were represented by the same unqualified person you see in the mirror each morning while shaving?

Anyway you are not the first divorced husband who put themselves in this fix by saving some money, nor the last. We see them in here moaning over the same predicaments week by week. (In one recent episode the ex-wife has been sitting on the home and the former husband's equity for ten years!)

But setting that aside if you want to some ideas as to what recourse you have, then you need to recite for us verbatim all of the language in the decree (and/or this so called "divorce agreement" that was incorporated into the decree) as they relate to the disposition of the home and the mortgage on the home. Not just your interpretation, but the exact language.

In the meantime don't be swayed by the often proffered guesswork that it is just as simple as going back to court as if it had revolving doors. It ain't that simple. There are no revolving doors.
 
#6
Yeah I'm not here to get your emotional/coy reply.
Of course I represented myself, just like the other party and most other regular jagoffs that have 0 money.
I thought there was maybe an actual, knowledgeable person that could hit me with a quick 'yeah file an order for _____' or 'file this with the court.'
If I wanted trolls with opinions, I'd go to Facebook comments.
 

Zigner

Senior Member
#7
You really ought to be asking the attorney that represented you in the divorce case and left you hanging out to dry! Or would I be safe in assuming that you were represented by the same unqualified person you see in the mirror each morning while shaving?

Anyway you are not the first divorced husband who put themselves in this fix by saving some money, nor the last. We see them in here moaning over the same predicaments week by week. (In one recent episode the ex-wife has been sitting on the home and the former husband's equity for ten years!)

But setting that aside if you want to some ideas as to what recourse you have, then you need to recite for us verbatim all of the language in the decree (and/or this so called "divorce agreement" that was incorporated into the decree) as they relate to the disposition of the home and the mortgage on the home. Not just your interpretation, but the exact language.

In the meantime don't be swayed by the often proffered guesswork that it is just as simple as going back to court as if it had revolving doors. It ain't that simple. There are no revolving doors.
Sexist much?
And, to address your last sentence...the fact is that the OP would HAVE TO go back to court for any contempt action s/he may be contemplating.
 

Zigner

Senior Member
#8
Yeah I'm not here to get your emotional/coy reply.
Of course I represented myself, just like the other party and most other regular jagoffs that have 0 money.
I thought there was maybe an actual, knowledgeable person that could hit me with a quick 'yeah file an order for _____' or 'file this with the court.'
If I wanted trolls with opinions, I'd go to Facebook comments.
Great way to endear yourself to the attorney who replied to your thread. I guess you're lashing out because you realize the truthfulness of his statement. :rolleyes:

Your attorney will be happy to tell you what to file. Good day.