About Equality in Marriage Institute Expertise As a non profit organization commited to assisting and supporting men and women through their divorce transition, we will answer any questions -from how to get yourself on your feet after being served with divorce papers, questions to ask your lawyer, how to appeal or modify your judgement and the different ways to end your marriage to how to empower and care for yourself, the benefits of joining a support group and how to manage your divorce process. Please note that we are not lawyers, financial advisors or therapists. The information given is intended to provide you with direction towards resources, websites, and answers that can help you through your transition.
Experience We have experience answering hundreds of questions from both men and women who are going through the divorce process.
Question My husband got divorced December 2003. His ex-wife got the use of the home until their daughter turned 18 (May 23, 2006) and all the furniture (valued at $200,000) in the home. The divorce decree states that the home has to be listed immediately on May 15th. Unfortunately, the ex-wife is not cooperating with the decree. She has stated that God is in control and that she will pray about this and what she should do. In the last 2 and 1/2 years, she has not gotten a job and has been living off of $1200 a month in child support. The child has not been living with her since January 2004, but my husband still pays child support due to the instability of the ex-wife. He has also been paying for 100% of the repair and maintenance of the home with the understanding with his attorney and ex-wife that she is to reimburse her 50% at time of closing. At present, she owes $30,000 which will probably be her 50% of the proceeds from the sale of the home. Our attorney has told my husband to discontinue paying the bills. My question is: if she doesn't list the home on the 15th, can she be put in jail for contempt of court. As I said, she is unstable and I think that she is starting to panic and her plan of action is just to dig her heels in and stay in the home. My husband has told her that this month is her last child support payment and that if she doesn't list the property she will be in contempt. If she is found in contempt, what can the courts make her do? Can they have a 3rd party list the property for her? The ex-wife has no issue with the realtor or price...she just doesn't want to do anything. She will probably not allow the home to be shown and if we do get it sold, she will probably not want to sign the closing documents because that will mean she will have to leave. She has no income and has told my husband this week that she doesn't need to do anything. She has also said she doesn't want to work and will not work and she is not worried about it. Also, since she received all the furniture, what happens if she doesn't take it with her? We are thinking that she will just pack up what she wants or can put in her car and leave.
I hope this wasn't too long. Long story short...what can we do to get the home sold. We are willing to pay attorney and court costs due to our assumption that the ex-wife will do nothing. The house payment on the home is over $5,000 a month so if we pay that much in court and attorney fees but get the home sold a month sooner, we will be happy.
Answer Dear Janis,
While I am not a lawyer or a judge, it is my understanding that if the house is to go up for sale on the 15th that it is your husband's responsibility (as his ex is not taking any action) to ensure that this happens. He may have to wait until the date comes and then when his ex has not ollowed thru on her end he will have to take her back to court to have the judge enforce the decree. This may mean giving his ex more time to move out. All you can do is do what you can and leave it to the judge to decide with what happens to his ex. He has done what he can and has given her fair warning and time to make arrangements for herself. Perhaps, because she is religious their is someone in her parish that would be willing to take her in.
