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She wont follow the decree

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wyobarbie

Junior Member
What is the name of your state (only U.S. law)? Wyoming

I need some advice and a attorney is out of reach right now and I think I can solve this on my own by filing contempt.
I was granted my divorce Dec. 15 2011 and part of my divorce was my ex wife was granted to live in our real property for one year and was to pay the mortgage,
Here is what the papers says
Plaintiff (her) shall be allowed to live in for one year from the date hereof and shall make the mortgage payment. After a year the real property shall be listed for sale and plaintiff will receive 60% of the net proceeds’s and Defendant 40% of the net proceeds meaning the actual sale price, less the amount of the mortgage indebtedness and other costs of the sale. The mortgage on the real property the defendant shall be held harmless for one year hereof that shall be awarded to the Defendant.

My exwife contacted me this summer for the AC broke and there were some leaks. I told her I dont live there and Im not giving her more money for the house. She told me she would subtract this from the final sale. Unsure if she can do this for I dont get any benefit of the property and AC is not a requirement in a home.
In October she contacted me asked me if I wanted to buy her out for we will not make any money on the property for we just refinanced right before we split up. I said yes I was very interested and she said make me a fair offer. We finance $127000 and owed $121000. I offered her $7000 and she told me that was not even a offer for me to try again for she has made all the mortgage payments and made the repairs on her own. So we went back and forth until the end of October. I told her let me see if I can refinance and how much I can get.
I call our bank find out she is 3 months behind and has made many late and no payments since July. They told me due to this they will not refinance at this time. I checked my credit and this act has destroyed my credit. She lied said she was making the payment. So I contact her and she said ok you pay the back mortgage and give me $8000 and Ill let you have the house. Excuse me! I pay my child support and Im not living there she is. Yet she wants me to pay the back mortgage. No way!
So I am going to file contempt because she is not following the decree nor will she get out of the house. She texted me and I save it that she is going to stop paying the mortgage and let it forclose and can live in it for up to a year and there is nothing I can do about it.
So I am filing these papers and I want to ask the Judge to make her pay the back mortgage, give me the real property for two years so I can fix the credit she destroyed. Then I will refinance and give her $8000. Do I have a chance? Or am I wasting my time.
 


Zigner

Senior Member, Non-Attorney
Your credit is not going to be magically fixed. The damage is done...the best you could hope for is to prevent it from getting worse.

If she doesn't have the money to pay the mortgage, how do you think a contempt finding will make the money appear?


(This next part is not directed at you personally, wyobarbie. The guy that it's aimed at knows it's for him):
I would say this no matter what the gender of the folks involved.
 

Bali Hai

Senior Member
Your credit is not going to be magically fixed. The damage is done...the best you could hope for is to prevent it from getting worse.

If she doesn't have the money to pay the mortgage, how do you think a contempt finding will make the money appear?

(This next part is not directed at you personally, wyobarbie. The guy that it's aimed at knows it's for him):
I would say this no matter what the gender of the folks involved.
Apparently the same way a contempt filing/finding you advise someone else to make the money appear or find some other remedy.

Not filing for contempt certainly will not make the money appear. Let the judge decide the case just like anyone else would be advised.

I'm glad to see you advocate holding ALL accountable to the divorce decree. Court orders are to be obeyed by both parties at all times, not just when it's convenient. If court orders are not obeyed there shall be consequences.
 

LdiJ

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

I need some advice and a attorney is out of reach right now and I think I can solve this on my own by filing contempt.
I was granted my divorce Dec. 15 2011 and part of my divorce was my ex wife was granted to live in our real property for one year and was to pay the mortgage,
Here is what the papers says
Plaintiff (her) shall be allowed to live in for one year from the date hereof and shall make the mortgage payment. After a year the real property shall be listed for sale and plaintiff will receive 60% of the net proceeds’s and Defendant 40% of the net proceeds meaning the actual sale price, less the amount of the mortgage indebtedness and other costs of the sale. The mortgage on the real property the defendant shall be held harmless for one year hereof that shall be awarded to the Defendant.

My exwife contacted me this summer for the AC broke and there were some leaks. I told her I dont live there and Im not giving her more money for the house. She told me she would subtract this from the final sale. Unsure if she can do this for I dont get any benefit of the property and AC is not a requirement in a home.
In October she contacted me asked me if I wanted to buy her out for we will not make any money on the property for we just refinanced right before we split up. I said yes I was very interested and she said make me a fair offer. We finance $127000 and owed $121000. I offered her $7000 and she told me that was not even a offer for me to try again for she has made all the mortgage payments and made the repairs on her own. So we went back and forth until the end of October. I told her let me see if I can refinance and how much I can get.
I call our bank find out she is 3 months behind and has made many late and no payments since July. They told me due to this they will not refinance at this time. I checked my credit and this act has destroyed my credit. She lied said she was making the payment. So I contact her and she said ok you pay the back mortgage and give me $8000 and Ill let you have the house. Excuse me! I pay my child support and Im not living there she is. Yet she wants me to pay the back mortgage. No way!
So I am going to file contempt because she is not following the decree nor will she get out of the house. She texted me and I save it that she is going to stop paying the mortgage and let it forclose and can live in it for up to a year and there is nothing I can do about it.
So I am filing these papers and I want to ask the Judge to make her pay the back mortgage, give me the real property for two years so I can fix the credit she destroyed. Then I will refinance and give her $8000. Do I have a chance? Or am I wasting my time.
Unfortunately, you are probably wasting your time. Its unlikely that she has the money or any option to obtain the money to bring the mortgage current. I also doubt that you could repair your credit and be able to refinance in just two years.

A broken AC lowers the sales value of a property...so if you wanted maximum appraisal, you wanted the AC fixed. You also should have realized that if you had just refinanced before you split, that your odds of selling the house for enough to cover the mortgage, were going to be slim.
 

Bali Hai

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

I need some advice and a attorney is out of reach right now and I think I can solve this on my own by filing contempt.
I was granted my divorce Dec. 15 2011 and part of my divorce was my ex wife was granted to live in our real property for one year and was to pay the mortgage,
Here is what the papers says
Plaintiff (her) shall be allowed to live in for one year from the date hereof and shall make the mortgage payment. After a year the real property shall be listed for sale and plaintiff will receive 60% of the net proceeds’s and Defendant 40% of the net proceeds meaning the actual sale price, less the amount of the mortgage indebtedness and other costs of the sale. The mortgage on the real property the defendant shall be held harmless for one year hereof that shall be awarded to the Defendant.

My exwife contacted me this summer for the AC broke and there were some leaks. I told her I dont live there and Im not giving her more money for the house. She told me she would subtract this from the final sale. Unsure if she can do this for I dont get any benefit of the property and AC is not a requirement in a home.
In October she contacted me asked me if I wanted to buy her out for we will not make any money on the property for we just refinanced right before we split up. I said yes I was very interested and she said make me a fair offer. We finance $127000 and owed $121000. I offered her $7000 and she told me that was not even a offer for me to try again for she has made all the mortgage payments and made the repairs on her own. So we went back and forth until the end of October. I told her let me see if I can refinance and how much I can get.
I call our bank find out she is 3 months behind and has made many late and no payments since July. They told me due to this they will not refinance at this time. I checked my credit and this act has destroyed my credit. She lied said she was making the payment. So I contact her and she said ok you pay the back mortgage and give me $8000 and Ill let you have the house. Excuse me! I pay my child support and Im not living there she is. Yet she wants me to pay the back mortgage. No way!
So I am going to file contempt because she is not following the decree nor will she get out of the house. She texted me and I save it that she is going to stop paying the mortgage and let it forclose and can live in it for up to a year and there is nothing I can do about it.
So I am filing these papers and I want to ask the Judge to make her pay the back mortgage, give me the real property for two years so I can fix the credit she destroyed. Then I will refinance and give her $8000. Do I have a chance? Or am I wasting my time.
File for contempt. Ask the judge to award you the home, refinance and give her nothing!
 

Isis1

Senior Member
here's where the eggnog party is at!!!

OP, file for contempt. at the very least, a paper trail is started. your credit is already shot as it is.

can't get that back. but worse case scenario...the judge will hold her accountable.
 

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