Q: Is my ex wife in contempt of court if she has not refinanced our home and it is listed on divorce decree?
I was divorced in July 2015. I am currently looking to purchase a new home but still financially responsible for my ex wifes house. She only did a quick deed and removed me from the house. It was ordered in our divorce decree that she would need to refi, obtain new loan or sell home with no deadline date. There are also solar panels that I was going to sell when I left in order to pay off that loan under my name. She insisted on keeping them and paying the payments. She has not paid a single payment since my last one and it has gone to collections on my end. This was also listed on the divorce decree that she would pay this. She listed it under her financials stated she was paying it and I was ordered to pay spousal due to her needing help. Not one payment has been made. She is now wanting kids more because they have their own room at her home but she has me stuck to purchase a place for them. We share 50/50. I need to get off the house loan and fix my credit again
A:
If your divorce decree specifically orders your ex-wife to refinance the home or obtain a new loan, and she has not done so, she may be in contempt of court. It is important to consult with an attorney in your area who can review the specifics of your case and advise you on the best course of action. Here are some potential legal options:
File a motion for contempt: You can file a motion with the court that handled your divorce to enforce the terms of the divorce decree. This may involve requesting that your ex-wife be held in contempt of court for failing to comply with the order to refinance the home or obtain a new loan. If the court finds her in contempt, she may be ordered to comply with the order or face additional penalties.
Seek a court order for the sale of the home: If your ex-wife is unable or unwilling to refinance the home or obtain a new loan, you may be able to seek a court order for the sale of the home. This may allow you to get off the house loan and move forward with your own financial plans.
Pursue legal action for unpaid debts: If your ex-wife has not paid the solar panel loan as ordered in the divorce decree, you may be able to pursue legal action to recover the unpaid debts. This may involve filing a lawsuit or taking other legal measures to enforce the terms of the divorce decree.
Again, it is recommended that you consult with a family law attorney in your area who can review the specifics of your case and advise you on the best legal options to pursue.
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