Denver, CO asked in Appeals / Appellate Law and Divorce for Colorado

Q: Can I appeal a divorce decree?

My x and I had a house in FL. He is former military so it was a VA loan. It went in to pre foreclosure in 2014 while we lived in another country. He was receiving the funds but not paying the mortgage. I came back to the states when I found out and, I managed to get a modification on the house. There was a tenant in the house so I let her stay, I cut out ReMax, and she was making payments to a joint account, I'd transfer to my personal account, pay the mortgage, a storage and home insurance for damages.

That worked great. Until, he decided to reach out to the tenant and threatened eviction. She signed a lease with him and redirected funds to him solely. She reaches out to me and tells me she's getting notices of foreclosure.

Fast forward to divorce, 26k is owed. We have to split it. Foreclosure and I'm solely responsible as he has no intention to pay as he can get another VA after 3 years of a foreclosure. Can I appeal this some how?

2 Lawyer Answers
Sabra M. Janko
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Appeals & Appellate Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: I am sorry to hear about your situation. An appeal has to occur within a specific time period and it has to be based on an error of fact or law. No new evidence can be introduced. It is common to divide debts in dissolution. However, if he is not performing a court ordered debt payment, then you can file a motion for contempt to enforce the order.

John Hyland Barrett III
John Hyland Barrett III
  • Estate Planning Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: You may be able to file an appeal. There are strict deadlines file an appeal. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.

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