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  1. #1
    Join Date
    Apr 2015
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    Default How Do I Make My Ex-Wife Sell Our House

    State of: New York
    My boyfriend is legally seperated, the separation agreement which was signed off by a judge, instead of going to trial. It states that the marital home was to go on the market in June of 2014 when there daughter graduated from high school. Well it's now 2015 and she still refuses to cooperate. 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. Let me add that she is living in the house alone and their daughter is in college, 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. Her bankruptcy is done and she is still refusing to cooperate. He is paying the mortgage on the house that she's living in plus he pays rent on the apartment that He Lives in And he can't afford to do both and wants the house sold as soon as possible..what can he do at this point.

  2. #2
    Join Date
    Mar 2013
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    18,340

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

    The obvious answer is for him to hire a lawyer and get it right this time.

    The other alternative is for him to stop paying on the mortgage and other costs and let the house go to foreclosure.

  3. #3
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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.

  4. #4
    Join Date
    Apr 2015
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    3

    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.

  5. #5
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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?

  6. #6
    Join Date
    Apr 2015
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    3

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

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

  7. #7
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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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