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  1. #1
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    Default Re: How Do I Make My Wife Sell Our House

    Quote Quoting brendaleek
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    in 2014 when he approached her to sell the house she went and filed bankruptcy instead so now she's not even responsible for the mortgage. His agreement also states that she is supposed to pay half of all the carrying charges on the house which she is not doing.
    Although her obligation to pay the mortgage was discharged in bankruptcy, such that the lender doesn't have recourse against her, the property terms of the divorce judgment would normally remain enforceable -- meaning that if your boyfriend as been making mortgage payments that she was supposed to cover, in full or in part, he can ask the family court to order her to reimburse him. If there is equity in the home, he be able to recover that money from his ex's share of the equity when the house is sold. If his ex- is in violation of the court's order, as you indicate, he can also attempt to recover court costs and attorney fees.
    Quote Quoting brendaleek
    ...he filed a motion for contempt back in October which took 6 months before it went in front of the judge and because he did it himself it was filed Wrong so the judge denied it.
    If he isn't able to put a motion together in proper form by himself, or get it before the court within a reasonable time frame, all the more reason for him to retain a lawyer.

  2. #2
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    Apr 2015
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    Default Re: How Do I Make My Wife Sell Our House

    He has a substantial amount of equity in his house, does he need to file a motion for contempt or handle it a different way. In your reply you mentioned family court. I didn't think they handled these matters. And is it possible to go before the judge when doing a motion. This past motion was done with no court appearances.

  3. #3
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    Default Re: How Do I Make My Wife Sell Our House

    What court do you believe issued the judgment if not the family court?

  4. #4
    Join Date
    Apr 2015
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    Default Re: How Do I Make My Wife Sell Our House

    Actually it was a judgement of seperation, and it was in supreme court.

  5. #5
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    Default Re: How Do I Make My Wife Sell Our House

    The family court is a division of the supreme court. If he wants to enforce an order, he has to go back to the court that issued the order.

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