Threatened with contempt

[dbarnett42]

What is the name of your state (only U.S. law)? Ohioi was divorced in June of 2014. In the decree it only states that the house is to be sold and the profit or debt to be split. My two kids and I currently live with my sister while she is living in the house while it is for sell. The house has been for sale for 8 months now. I have paid half the mortgage but living with my sister is no longer working. My kids either sleep on the couch or in my nephews bed and all of our relationships are starting to strain. I told her that I was going to lease or rent a house and would not be able to pay half the mortgage ant more but would pay what I could. She then threatened me with contemp but it does not say that I am required to pay half in the decree. So am I really in contempt?

 

[Shadowbunny]

What is the name of your state (only U.S. law)? Ohioi was divorced in June of 2014. In the decree it only states that the house is to be sold and the profit or debt to be split. My two kids and I currently live with my sister while she is living in the house while it is for sell. The house has been for sale for 8 months now. I have paid half the mortgage but living with my sister is no longer working. My kids either sleep on the couch or in my nephews bed and all of our relationships are starting to strain. I told her that I was going to lease or rent a house and would not be able to pay half the mortgage ant more but would pay what I could. She then threatened me with contemp but it does not say that I am required to pay half in the decree. So am I really in contempt?

What does your sister have to do with the house? Who owns the house? Who is threatening you with contempt?

 

[dbarnett42]

Sorry my ex wife is living in the house. We both own the house. I am currently living with my sister and her family.

 

[OHRoadwarrior]

Your wife is likely making the house unsalable by her presence there, assuming the home is properly priced for the market it is in. It is not hard to give a sob story about how you will be homeless or point out/claim defects that are not there. I would stop paying and tell her she needs to move so the house can be sold while unoccupied and properly staged for sale. If anything, she should move and let you and the kids live there, getting an efficiency until it sells and she gets her portion.

 

[LdiJ]

Your wife is likely making the house unsalable by her presence there, assuming the home is properly priced for the market it is in. It is not hard to give a sob story about how you will be homeless or point out/claim defects that are not there. I would stop paying and tell her she needs to move so the house can be sold while unoccupied and properly staged for sale. If anything, she should move and let you and the kids live there, getting an efficiency until it sells and she gets her portion.

Please ignore this response for now and tell us, word for word, exactly what the divorce decree says about the house.

I cannot imagine anything more foolish than BOTH of you paying for alternative housing while still having to cover the mortgage on the house so that it can be staged, unoccupied.

 

[Bali Hai]

Please ignore this response for now and tell us, word for word, exactly what the divorce decree says about the house.

I cannot imagine anything more foolish than BOTH of you paying for alternative housing while still having to cover the mortgage on the house so that it can be staged, unoccupied.

Are you suggesting that judges can't make foolish decisions?

 

[LdiJ]

Are you suggesting that judges can't make foolish decisions?

Sure they can, but the OP actually ASKING a judge to make a decision that foolish wouldn't be on the judge, it would be on the OP for being foolish enough to ask for it in the first place...and foolish enough to act on a suggestion to ask for it. It would also be a pretty weird judge who wouldn't get how foolish that would be.

 

[OHRoadwarrior]

I know of a situation where it happened. The divorce took 3 years to be finalized.

Please ignore this response for now and tell us, word for word, exactly what the divorce decree says about the house.

I cannot imagine anything more foolish than BOTH of you paying for alternative housing while still having to cover the mortgage on the house so that it can be staged, unoccupied.

 

[LdiJ]

I know of a situation where it happened. The divorce took 3 years to be finalized.

Sorry, but that doesn't make the suggestion any less foolish.

 

[stealth2]

What's foolish is this back and forth without knowing what the order actually says. Word for word.

 

[dbarnett42]

The decree says: The parties are the owners of real estate located at ( property address) . The house will be sold and the profit or deficiency shared equally between the Wife and Husband.

That's it verbatim.

 

[LdiJ]

The decree says: The parties are the owners of real estate located at ( property address) . The house will be sold and the profit or deficiency shared equally between the Wife and Husband.

That's it verbatim.

So, there is absolutely nothing about who is to live in the house while the sale is pending?

 

[Ohiogal]

The decree says: The parties are the owners of real estate located at ( property address) . The house will be sold and the profit or deficiency shared equally between the Wife and Husband.

That's it verbatim.

If that is all that states, you can both live there. If you do not accept the offer, you could find yourself facing contempt because that says nothing about the two of you agreeing on a price or anything. You received an offer I thought but not seeing it in this thread so I could be confused. If you receive an offer, you need to take it. End of story. Do you want to risk harming your credit quite frankly? Why don't you just move back into the house?

 

[davew128]

Alan, the ghost of Charlie Harper called. He says you should move out of his old house and leave Walden alone.