How to enforce divorce decree to sell/refinance house

[arcticsmoke]

Michigan

I am Defendant. Ex has not paid on the mortgage, refinance, or sold the home. The 6 month period expired May 8th. The house payment is now 30 days late. Ex has refused to give details on where she is at with the process of refinance. She was unemployed and has only had a stable job for the last 3 months or so. I'm guessing that may be the problem, but she refuses to give me details and I'm afraid she's just planning on continuing to rely on me making the payments so as to not screw up my credit. I'm ok with giving her another 6 months to refinance as long as she's making the payments but I don't know if that's wise?

What are my options?

From Judgement of Divorce:

"It is further ordered and adjudged that the plaintiff shall be awarded the marital home . The plaintiff shall assume any debt on this property and hold the defendant harmless thereof, with the following exception: Defendant shall pay the mortgage and the second mortgage on this property for six (6) months beginning with the month of December 2016.

It is further ordered and adjudged that the plaintiff shall refinance or sell the property by the expiration of the six (6) month period

It is further ordered and adjudged that the plaintiff shall reimburse the Defendant for the payments made beginning with the December 2016 payment(s) up to the date of sale and /or refinance of the property. The reimbursement is to be paid at the time of the sale or refinance of the property

It is further ordered and adjudged that the plaintiff that if the plaintiff does not refinance or sell the property by the expiration of the six (6) month period beginning December 2016, Defendant may petition this court for relief"

 

[Zigner]

Michigan

I am Defendant. Ex has not paid on the mortgage, refinance, or sold the home. The 6 month period expired May 8th. The house payment is now 30 days late. Ex has refused to give details on where she is at with the process of refinance. She was unemployed and has only had a stable job for the last 3 months or so. I'm guessing that may be the problem, but she refuses to give me details and I'm afraid she's just planning on continuing to rely on me making the payments so as to not screw up my credit. I'm ok with giving her another 6 months to refinance as long as she's making the payments but I don't know if that's wise?

What are my options?

From Judgement of Divorce:

"It is further ordered and adjudged that the plaintiff shall be awarded the marital home . The plaintiff shall assume any debt on this property and hold the defendant harmless thereof, with the following exception: Defendant shall pay the mortgage and the second mortgage on this property for six (6) months beginning with the month of December 2016.

It is further ordered and adjudged that the plaintiff shall refinance or sell the property by the expiration of the six (6) month period

It is further ordered and adjudged that the plaintiff shall reimburse the Defendant for the payments made beginning with the December 2016 payment(s) up to the date of sale and /or refinance of the property. The reimbursement is to be paid at the time of the sale or refinance of the property

It is further ordered and adjudged that the plaintiff that if the plaintiff does not refinance or sell the property by the expiration of the six (6) month period beginning December 2016, Defendant may petition this court for relief"

Did you have a question?

Please remember that the bank is not a party to the court order. If you don't make the payment, and she doesn't make the payment, then it's going to be a mark on your credit. I think it's time for you to head back to court.

 

[arcticsmoke]

What do I need to do, to force her to follow the Judgement of Divorce.

She needs to sell or refinance the house, or agree to make the house payments until she can sell/refinance the house.

What forms, orders, motions, petitions, etc should I follow to make that happen?

 

[Zigner]

What do I need to do, to force her to follow the Judgement of Divorce.

She needs to sell or refinance the house, or agree to make the house payments until she can sell/refinance the house.

What forms, orders, motions, petitions, etc should I follow to make that happen?

You are going to want the assistance of an attorney.

 

[LdiJ]

Michigan

I am Defendant. Ex has not paid on the mortgage, refinance, or sold the home. The 6 month period expired May 8th. The house payment is now 30 days late. Ex has refused to give details on where she is at with the process of refinance. She was unemployed and has only had a stable job for the last 3 months or so. I'm guessing that may be the problem, but she refuses to give me details and I'm afraid she's just planning on continuing to rely on me making the payments so as to not screw up my credit. I'm ok with giving her another 6 months to refinance as long as she's making the payments but I don't know if that's wise?

What are my options?

From Judgement of Divorce:

"It is further ordered and adjudged that the plaintiff shall be awarded the marital home . The plaintiff shall assume any debt on this property and hold the defendant harmless thereof, with the following exception: Defendant shall pay the mortgage and the second mortgage on this property for six (6) months beginning with the month of December 2016.

It is further ordered and adjudged that the plaintiff shall refinance or sell the property by the expiration of the six (6) month period

It is further ordered and adjudged that the plaintiff shall reimburse the Defendant for the payments made beginning with the December 2016 payment(s) up to the date of sale and /or refinance of the property. The reimbursement is to be paid at the time of the sale or refinance of the property

It is further ordered and adjudged that the plaintiff that if the plaintiff does not refinance or sell the property by the expiration of the six (6) month period beginning December 2016, Defendant may petition this court for relief"

You really need to petition the court for relief. If she has only had stable employment for 3 months even giving her 6 more months will not be enough for her to qualify for a mortgage. Since she obviously is not going to voluntarily put the house on the market, you are going to have to get the judge to force the matter.

 

[arcticsmoke]

It sounds like I need to file a motion to Show Cause.

The form looks simple to fill out, but I have 2 questions.

There's an area for the case number, would I leave that blank or enter the now settled divorce case #?
In the divorce I was the defendant. Would I still list myself as defendant, or now list myself as plaintiff?

 

[LdiJ]

It sounds like I need to file a motion to Show Cause.

The form looks simple to fill out, but I have 2 questions.

There's an area for the case number, would I leave that blank or enter the now settled divorce case #?
In the divorce I was the defendant. Would I still list myself as defendant, or now list myself as plaintiff?

You would enter the case number from your divorce. You are still the defendant in that cause of action. However, the fact that you have to ask questions that are so basic tends to indicate that you really need an attorney.