Q: My ex husband refuses to buy me out for my half of the house. What is my recourse?
The divorce was in 2010. According to the decree, he was to live in the house and by the end of two years, he was to sell, or buy me out for my half of the house. It has been ten years. He got sick with ms, so I was patient but now my new husband just died and I can't wait any more. My son, who lives with him, wants to buy the house and almost has enough for a down payment. I said I would be willing to take payments if that would make it easier. My ex suddenly refuses to even talk to me. He said he doesn't think I'm entitled to half of the house. What is the simplest, cost effective way to resolve this? If I force him to sell, my other son would say I was being unreasonable. Do I have any rights?
A:
You can file a motion with for an order to sell the home and/or for an Order for Contempt for failure to perform pursuant to the terms of the settlement agreement. Whether he thinks you are entitled to half of the house is not relevant - the court's order is not subject to what he believes. You have been more than reasonable - waiting over eight years is evidence of how reasonable you have been throughout a protracted period of time.
Don't let yourself be taken advantage of any longer - seek counsel. You may be able to recover attorney's fees for ex-husband's failure to abide by the court order.
A: As long as the order to sell house is stated in your judgment, you should file a request for order to enforce the terms of your judgment with the court and ask the court to force the sale. You should also ask for attorneys fees for having to bring the motion to enforce the judgment if you were to hire an attorney to assist you.
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