Property Settlement

[2frustrated]

What is the name of your state? AL
My divorce was final as of September 2003. I have since been paying 1/2 of the mortgage(in both names), which is stated in the divorce decree. Also states that both parties will persue sell of the property. So far I have been the only one to comply to the agreement. I have placed several For Sale ads in the local papers.He has put a For Sale by owner sign in the yard(1 week before we met in the court house with our Lawyers present). In this meeting his lawyer suggested that we use a Real Estate Agent. His lawyers mother-in-law happens to be a Real Estate agent. I first did not want to use the mother-in-law( I thought it would be a conflict of interest). However after doing some research on her, I agreed to have her sell the property. Since he is living there, he was elected to pursue the Real Estate company. He did nothing. He kept saying he could not get her to return his call. Two months later, I took the initiative and contacted the Real Estate Agent to find out no calls had been received by him. The next day she come out the view the property(which I handled). I have signed the agreement forms for the agent to put the property for sale, however, he refuses to sign the paperwork. What can I do?
My lawyer has filed a petition to have the property sold at puplic outcry.(The judge would not agree). He also sent a letter requesting my ex to refinance the property.(because he did not agree, nothing could be done).
Last week I was told by my lawyer,that there was absolutely nothing else that could be done and to seek other legal counsel.
Question:
1. Is there a way I can contest the property settlement in the divorce decree? If so, can I make the ex pay for court cost?(he makes double my salary)
2. Since the divorce decree does not specify which partie is to live in the home, can I make him get out?

Any advise will be greatly appreciated.

 

[BethM]

What specific wording is in your decree regarding the sale of the home? I went through something similar with my ex and it took 2 years but I finally got the house sold. To give advice on your situation I need to know what the decree says.

 

[2frustrated]

What specific wording is in your decree regarding the sale of the home? I went through something similar with my ex and it took 2 years but I finally got the house sold. To give advice on your situation I need to know what the decree says.

Said property of home shall be place on the market and the parties shall actively pursue the sale of same. Both parties shall have the right of first refusal regarding the sale of said home. At the time of sale, the proceeds from said sale shall be applied first to the outstanding indebtedness on the property with any remaining equity in said property divided equally between the parties. Husband and Wife are each prohibited from selling, mortgaging, or otherwise disposing of said property withouut the express permission of the other party. Husband and Wife shall each be responsible for 1/2 of the monthly mortgage payment until such time as the property is sold.
Thanks for your help.

 

[LdiJ]

Said property of home shall be place on the market and the parties shall actively pursue the sale of same. Both parties shall have the right of first refusal regarding the sale of said home. At the time of sale, the proceeds from said sale shall be applied first to the outstanding indebtedness on the property with any remaining equity in said property divided equally between the parties. Husband and Wife are each prohibited from selling, mortgaging, or otherwise disposing of said property withouut the express permission of the other party. Husband and Wife shall each be responsible for 1/2 of the monthly mortgage payment until such time as the property is sold.
Thanks for your help.

The fact that both of you have "right of first refusal" means that either one of you could finance in your own name and take over the house.....but since he absolutely refuses to cooperate it would probably take a judge getting involved to finalize anything. Of course he won't cooperate. He is living in the home and only has to make 1/2 of the mortgage payment. He isn't going to cooperate until a judge MAKES him cooperate. I honestly don't understand why your attorney is suggesting that you find other legal counsel rather than taking this matter back in front of the judge.

 

[keyzblewz]

LdiJ, is correct, he isn't going to do anything until a judge makes him and for some reason you have an attorney who is unwilling to do something as simple as file contempt and get him in front of a judge.

You can't contest the property settlement but you can hold him legally accountable for not following the court ordered decree. Your decree plainly states what the order is and he is plainly in contempt of that order. Call the court clerk of the county you were divorced in and ask her to give you instructions on how to file the proper paperwork to bring a complaint of contempt against him. Either do that or find yourself another lawyer who is willing to protect his client. Since your ex has been the one to hold up the process and is the one who is directly responsible for you having to go back to court then it would not be unreasonable to request he pay all fees related to the process.

I suppose the silver lining in it all is that there is more equity in the home so there will be more to split once it is sold. Of course I can understand how it must stick in your craw knowing you have helped pay for him a place to live.

Do you documentation such as the real estate contracts that he has refused to sign, letters you have written requesting he do something to actively pursue the sale of the home? Maybe it's time to show him you are tired of him being in control.

 

[2frustrated]

The fact that both of you have "right of first refusal" means that either one of you could finance in your own name and take over the house.....but since he absolutely refuses to cooperate it would probably take a judge getting involved to finalize anything. Of course he won't cooperate. He is living in the home and only has to make 1/2 of the mortgage payment. He isn't going to cooperate until a judge MAKES him cooperate. I honestly don't understand why your attorney is suggesting that you find other legal counsel rather than taking this matter back in front of the judge.

Thanks.
I did live in the house from September until the end of November 2003, with the ex paying 1/2 of mortgage. I could not afford the monthly expenses, because I also took over the car payment of 350.00. My yearly salary is less than 19k, while his is 42k. He can afford to refinance--I can not. Didn't mention but no kids involved.
The attorney that I am currently using did not file the Divorce Decree. My original attorney was on maternity leave, but will return next week. I have an appointment with her on Thursday. I will keep you guys posted as to what she advises.

 

[2frustrated]

LdiJ, is correct, he isn't going to do anything until a judge makes him and for some reason you have an attorney who is unwilling to do something as simple as file contempt and get him in front of a judge.

You can't contest the property settlement but you can hold him legally accountable for not following the court ordered decree. Your decree plainly states what the order is and he is plainly in contempt of that order. Call the court clerk of the county you were divorced in and ask her to give you instructions on how to file the proper paperwork to bring a complaint of contempt against him. Either do that or find yourself another lawyer who is willing to protect his client. Since your ex has been the one to hold up the process and is the one who is directly responsible for you having to go back to court then it would not be unreasonable to request he pay all fees related to the process.

I suppose the silver lining in it all is that there is more equity in the home so there will be more to split once it is sold. Of course I can understand how it must stick in your craw knowing you have helped pay for him a place to live.

Do you documentation such as the real estate contracts that he has refused to sign, letters you have written requesting he do something to actively pursue the sale of the home? Maybe it's time to show him you are tired of him being in control.

I have kept copies of all such documents. Yes, I do have copies of the paperwork from the Real Esate company with my Signature, however the agent suggested that I not put a date on the papers until the ex has signed too. I guess that will still hold up in the courts.
I will call and get the appopriate forms and start the process myself. It will also be a whole lot cheaper. Thanks for information.

 

[2frustrated]

I went to see my origianal attorney. Good news..she is in the process of filing contempt of contract. She is also filing papers to see if she can get any of my money back since he has not complied to the agreement. She also gave me Hardship forms to complete..so the filing fee can possibly be waived. If the the fee is not waived..we will request the ex to pay for the fees. Hopefully, this will all be behind my soon. Finally!!I have gotten the response and the support I need.