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Violation of Court Order

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aleksandor52

Junior Member
What is the name of your state? CA
Wife and I were married 26 years, separated January, 2005. Court Order in June stated she was to assume responsibility for mortgage payments. We agreed to refinance the house with an assumable loan. However, the problem is her poor credit. This now makes it impossible for us to refinance together. She has a chance with one loan company to clear her credit and refinance at the same time, but she refuses to put in an application. Her excuse is she thinks I deliberately had her removed from the promissory note for the present loan, which is not true. Real reason is since I'm solely responsible for the mortgage she wants me to keep paying it as long as possible. At what point can she be held in Contempt of Court for not trying to refinance or can the court order the house to be sold. I'm on an out of state job assignment until January, which is when my employer will stop paying my living expenses. At that point I face the prospect of paying the mortgage on the existing home, rent on an apartment plus spousal support.
 


LdiJ

Senior Member
aleksandor52 said:
What is the name of your state? CA
Wife and I were married 26 years, separated January, 2005. Court Order in June stated she was to assume responsibility for mortgage payments. We agreed to refinance the house with an assumable loan. However, the problem is her poor credit. This now makes it impossible for us to refinance together. She has a chance with one loan company to clear her credit and refinance at the same time, but she refuses to put in an application. Her excuse is she thinks I deliberately had her removed from the promissory note for the present loan, which is not true. Real reason is since I'm solely responsible for the mortgage she wants me to keep paying it as long as possible. At what point can she be held in Contempt of Court for not trying to refinance or can the court order the house to be sold. I'm on an out of state job assignment until January, which is when my employer will stop paying my living expenses. At that point I face the prospect of paying the mortgage on the existing home, rent on an apartment plus spousal support.
If you have been married for 26 years...how is it possible that you have good credit and she has bad credit?
 

aleksandor52

Junior Member
California
She developed bad credit by a number of methods, like late payments on credit cards in her name, judgements against her for a business she is part owner of, (I'm not involved in this business,we agreed to keep it separate). We've kept our finances separate for several years now as much as possible. There was of course some effect on my credit because of her, but I've managed to build it back up.
 

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