o/t contempt of court?
I'm not sure if anyone has been through this buuut I thought I would ask. DH has not gotten XW off the house loan yet as we have not been in a position too, but we are working on that. She is taking him to court for it next week which is exhausting, it has been about a year since their divorce finalized. What should we expect from court, and should we worry about getting booted out of our house? The court order is very vauge as they did not do it with a lawyer, so it basically says DH will get the house obtained at this address ----. and then it says ealier both parties should seperate all maritial debts. She's going for contempt of court for seperation of debts?
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A house is usually handled
A house is usually handled separately from the other marital debts. Does the decree say anything about "exclusive use and possession"? Is there language in the decree about refinancing or selling? Look at the complaint (or motion). What exactly is she alleging that your DH is or is not doing?
he has tried to refi, but we
he has tried to refi, but we have some past things to fix on it before he can. We have all the paper work for it. As well as a bunch of signed paperwork by her to get the ball rolling, finacially we just cant at the moment
she said exactly :
she said exactly : seperation from debts from defendants property --- address
the respondent has made no effort to remove the movant's name from the house loan #----- through bank -----
the respondent has missed numerous payments on the aforementioned loan causing a negative affect on the movants credit score
it says literally nothing about refinacing or selling. It says in there he gets all rights to the house and she can not go after the house, and basically that's it
Belive me I can see where she
Belive me I can see where she is frusterated as I would be also. The thing is we are currently paying debt off from his past stuff so he can refi the loan. I'm just worried about having to get rid of the house, I don't want to fight her on wanting her name out of the loan.
I would be super pissed if I
I would be super pissed if I were her. If you cannot afford the house sell it. But you ARE destroying her credit and that is entirely unfair. Trying is not going to do it. Be prepared for contempt and a drop dead date from the judge, who will likely be pissed.
before you start jumping me,
before you start jumping me, I haven't done any of this I was simply asking for advise not slamming her for it
There is a legally binding
There is a legally binding agreement between the two of them that should specify what happens to the house. It's not an issue of what is fair or unfair. It's simply a matter of an agreement between the two of them. If it's unclear, a judge will use state law to make his decision.
If your DH wasn't ordered to sell or refinance the house, then I don't see how in the world he would be in contempt on that issue.
As for her credit...too bad. Divorce sucks. And people's credit takes a hit. I wouldn't allow this to become an emotional issue. She signed the agreement. She could have asked a judge to order the house sold during the divorce action.
What does your attorney say? If you don't have one, you need one before you head to court.
he pays the mortage he has
he pays the mortage he has been late twice and caught it up right away
Every jurisdiction is
Every jurisdiction is different. And the specific language in the agreement can make a huge difference. You definitely need to talk to your attorney a.s.a.p. But I can tell you that it's not that easy to make someone sell a house (or refi) if that language wasn't included in the original decree. If the house was awarded to him in the divorce, then there may not be much she can do about it. Only an attorney in your state can advise you.