non-compliance of decree

This is a discussion on non-compliance of decree within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My ex and I owned a home together, and when we got divorced we agreed that he would keep the ...

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Old Sep 5th, 2008, 12:55 PM   #1
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Confused non-compliance of decree

My ex and I owned a home together, and when we got divorced we agreed that he would keep the home and refinance it in his name. He was given a time limit to refinance the home or it would have to be put on the market and sold. Well the time limit has passed and he still won't put it on the market. Now what? Can I bring him to court to force him to sell it or would the courts not even bother with it?
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Old Sep 5th, 2008, 05:29 PM   #2
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Default Re: non-compliance of decree

Not sure here, but I think one avenue would be to file Contempt Of Court charges for failing to follow the orders of the divorce.
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Old Sep 16th, 2008, 02:20 PM   #3
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Default Re: non-compliance of decree

He is in contempt & that will be an easy case for you to win. The only thing is that you will have to put out the money, initially, for court fees again.
However, he will have to reimburse you for them.

If you didn't sign a Quit Claim, then you can hire a real estate again to list the house without his signature.

The house cannot close, of course, without obtaining his signature before the closing date; but if you've still got rights to the house, then the process of selling can start.

Good luck!
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Old Sep 16th, 2008, 07:55 PM   #4
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Default Re: non-compliance of decree

I don't think a Real Estate agent would invest a lot of time in a property until the Lister had clear and complete ownership.
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Old Sep 27th, 2008, 12:18 PM   #5
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Default Re: non-compliance of decree

Both signatures are required on a sales agreement for a real estate agent.
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