Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property
The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the property under the contract he creates an issue. How can she get out of the situation? How can she resolve the situation and enforce what is owed to her?
There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an interest in purchasing the home, your ex-husband engages in behavior to prevent the sale from taking place.... and again, you have not taken him back to court to allow the court to address his actions.
When a judge enters an order and a party fails/refuses to comply, the only way that a judge gets to know about the noncompliance is when an application is filed seeking sanctions for the non-compliance. The court is not going to supervise your matter nor call you to find out if your ex-husband is complying. The court entered an order, and a judge expects cooperation and compliance and if either party fails/refuses AND the other party files an application for sanctions for that noncompliance, then the judge gets to know that someone failed/refused to comply, and the court can redress that behavior.
I dont know where your matter stands now with the foreclosure and potential monies owed to you, but my suggestion is that you meet with a divorce and family law specialist to go over the court order, the text messages and emails and the current status of the homes sale ( and any other issue currently outstanding) to discuss the filing of an application for sanctions ( and you need to discuss with the lawyer what type of sanctions make sense at this point) and discuss what relief makes sense for you.
Given the level of non-compliance and the absence of action by you since the entry of the court's last order, I would not file the application on your own since you have only 1 shot to get the best possible relief and if you do it wrong, you cant then go to a lawyer and ask him to file it again and correct your mistakes. Sorry, if it's not what you want to hear but when someone does not comply with a court order..... the question is what you then do to ensure compliance, and, in this setting, the answer is that you need court intervention.
A: You may file a motion seeking to compel your ex-husband to comply with the terms of the judgment of divorce. You may also have a claim for partition. It would be in your best interest to retain an attorney who is experienced in family law/matrimonial matters to discuss what remedies are best for you.
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