contempt of court for not refinancing home

williemae19597 July 03, 2022 contempt , court , home , refinancing Comment

The judge could find him in contempt of court for refusal to abide by the decree. The trial court ultimately gave the wife a money judgment against the husband in the amount of 2999920 for the daily penalty.

I M In Contempt For Not Refinancing Home To Remove Ex Wife S Name From Loan She Is Now Taking Me To Court What Are My Options Legal Answers Avvo

Contact Us Do you have more questions about divorce home refinance or any other assets in a divorce.

. Contempt of court happens when someone risks unfairly influencing a court case. Her newfound financial freedom. The judge can actually sentence a non-complying former spouse to jail for failing to fulfill court orders regarding family support obligations.

Contempt of Court If your husband was ordered in a divorce decree to pay and refuses you could take him back to court. He finally signed the divorce paperwork in October 2019. Press question mark to learn the rest of the keyboard shortcuts.

Divorce Degree stipulates obtaining appropriate insurance within. The Husband failed to perform on both obligations. The Wife filed an action for Partition of the real property.

Divorce and Refinance FAQs. Please contact the Heskin Martinez Law Group. Divorce Decree stipulates refinancing by Jan 31 2018.

It is also possible to transfer the mortgage without any refinancing. Civil contempt is an effective remedy when a former spouse fails to comply with a family support obligation like child support alimony or attorney fee awards. A woman who sought to hold her ex-husband in contempt for failing to sell or refinance their family home has lost her appeal of the contempt denial with the Indiana Court of Appeals noting the woman repeatedly thwarted the mans attempts to comply with their dissolution agreement.

Also if your ex-wife is truly unable to refinance there is the potential. For this reason impossiblity of performance will not apply. Can my husband sue me for contempt of court for not.

When a court issues an order regarding custody payment of expenses including child support alimony child care or other requirements in a divorce decree such as refinancing the mortgage on a home it becomes legally binding and must be followed. Share this conversation. In our separation agreement in Jun 2018 I was awarded our home but I needed to refinance upon a year of the agreement date.

The court found the husbands arguments unconvincing and held him in contempt imposing a 90-day jail sentence which would be suspended for 30 days to allow the husband an opportunity to cure the contempt. We have almost 40 years of combined Family Law experience and are dedicated to our clients. If your ex-wife fails to take the necessary steps toward achieving what the judge orders you could file a motion for contempt since she is in contempt of court for not obeying the order.

The ex-spouse has the opportunity to respond to the motion. You incur additional attorneys fees and costs going this route. Show cause is the act of explaining why an action ordered by the court as not carried out or followed.

One psychologically useful argument your attorney can make to her attorney is that her independence begins with that refinanced mortgage. But in the mean time 140 days had passed from the June 7 2010 deadline. The judge could force his hand to make him pay the mortgage balance due.

Press J to jump to the feed. Contempt show cause and motion are three important terms to know. However your decree simply says you are to attempt to refinance the unit.

If it does go to court you will need proof that you have tried to refinance so try to gather those documents. By dv_platinum in forum Divorce Annulment and Separation Replies. If the order is not followed and one party is found to have intentionally disobeyed the order it is possible for him or her to be found.

If your ex-wife can afford to get a new loan but simply refuses to pursue refinancing your attorney can petition the court for her to show cause why she should not be held in contempt of the court order. Answered in 5 minutes by. Ex-Wife Forcing Me to Sell Marital Home Threatening Contempt Court.

Where the court order specifically states that your spouse must seek refinancing within a set period of time this may be sufficient to initiate a civil contempt motion. Contempt of Court - ex wont refinance. Use the contact form below or call us immediately at 4074035990.

Can my husband sue me for contempt of court for not refinancing a vehicle that was in collections before divorce decree finalized. Contempt of Court for Failing to Pay Off or Refinance Marital Debts After Divorce My. We had the agreement modifiedJuly 2019 and September 2019.

Log In Sign Up. It may stop somebody from getting a fair trial and can affect a trials outcome. A property owner has the right to file a quitclaim deed and this may occur without the option of refinancing the mortgage attached to the house.

There is nothing that prevents you from making the attempt even if the attempt will be futile. In this case the parties divorce decree awarded the real property to the Husband contingent upon refinancing the property within 60 days and Husbands payment of 28300 as Wifes equity interest in the real property. At best XXXXX XXXXX be impossible only for a temporary period of time not permanently.

The motion indicates which parts of the divorce decree were violated and the reason the ex-spouse should be held in contempt of court. From there a contempt hearing will take place during which both parties will be given a fair opportunity to make. Unfortunately the Husband was unable to refinance and ultimately paid off the entire amount of the loan.

Filing a motion for contempt of court may also be done through an attorney. Your attorney will file a motion with evidence of both the court order and the failure to comply. You cant force the bank to refinance- there really is no legal remedy for your ex-wife.

I tried refinancing multiple times but all banks asked me for a final divorce decree. Contempt is a legal term often referred to as Contempt of Court that is used when a party in a lawsuit has failed to do or not do what a judge has ordered. Contempt of court includes.

The following divorce and refinance questions touch on the issues that are important when youre faced with either keeping the marital home or having your spouse buy you out. However the court pointed out that no child support obligation yet existed when he allegedly applied for refinancing. The only real remedy would be to list the house for sale but that option may not be available to the Judge because it would.

However the individual is still responsible for the payments that he or she must provide to the financial institution. Although the lawyer serves the ex the injured party is responsible for proof. Ask Your Own Family Law Question.

Find out if you should refinance the mortgage how to get your share of the equity if your husband is the one wholl be refinancing and what. Refinancing a vehicle that was. Since the contempt is not willful ie.

I M In Contempt For Not Refinancing Home To Remove Ex Wife S Name From Loan She Is Now Taking Me To Court What Are My Options Legal Answers Avvo