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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am divorced since July 14'2015 part of the MSA was to give

Customer Question

I am divorced since July 14'2015 part of the MSA was to give me some of my personal belongings which are listed in the MSA. My ex was very argumentive about the item but she initialed the list of the items and signed the MSA. There was a due day also listed by when she supposed to give me the items back. I asking for it now and she saying I harassing her and treating her and she said I picked everything up already and she gave it to me which is not true. She tries this way not to give me what she owns me. Also her best friend she now using to saying she is a witness to it all . What can I do we are talking about lots of value. Also as I pay Allimony weekly. She lives in our home and the house has two mortgage on it. As part of the MSA agreement it says , the wife shall be responsible of payment of principal, interest, taxes on the real estate. She is saying it's my responsibility and nothing says in the agreement that she has to pay for the Morgages and she says they under my name so it's not her problem. The property is owned by both of us, she co signed but even if it was only my morgage under my name its still says she has to pay which is said by principal and interest. Every time I ask for it per email she saying I am treating her or bulling her. So I want to file a contempt in court.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

You're correct that you should file a motion for contempt of court against her and ask the judge to require her to allow you to recover your property AND also ask the court to issue a penalty against her (which could range from a warning to a fine to even being jailed).

You should consult your attorney about filing your contempt motion and try to get this before the court as soon as possible. You could also seek your attorney's fees as part of the petition.

Customer: replied 1 year ago.
you saying even she claims to given me all my stuff I can still be able to get them? Also I was correct that she has to pay the morgages even is just list principal and interests she is responsible for?
Thank you for your advise
Customer: replied 1 year ago.
The thing in which I am confused about. If she is not in compliance what does she try to achieve to accomplish on top of everything else her not paying the two morgages getting me reported as late payments .
Expert:  Roger replied 1 year ago.
you have the right to file the contempt charge and demand that allow you to get your things. If she claims she's turned the things over, you can claim that she's not being truthful and ask the court to allow you access to recover the property.
As for the mortgage, you can ask the court to hold her in contempt for that, too. If your name is ***** ***** loan, you can also ask the court to order her to refinance the loan in her name alone.
Customer: replied 1 year ago.
One more follow up question I have in regards ***** ***** As I started before it says in the agreement that the wife shall be responsible for principal, interest and taxes on the real estate property. I have two mortgage one when we got the house and a second I took out from to escrow to pay of some bills and did some home improvements. So That means she is responsible for both conventional loans?
Expert:  Roger replied 1 year ago.

That's a good question, and one that would be hard for me to answer based on the limited information here because I don't know if both mortgages were discussed in court, if anything was stated by the judge regarding both mortgages, etc. That said, it would appear to include any mortgage, but without clarification, no one could say for sure.

Your best option is to file a motion with the court for clarification of the judgment and to get the judge's interpretation of the order.

Customer: replied 1 year ago.
She does not want to pay for any of the mortgages but when we wrote that agreement it was everyone aware that's there two mortgages that's why I think my attorney wrote " wife is responsible on principal , interest and taxes on real estate. This way I think everything was covered unstead of saying she is responsible for the mortagage. Both mortgage have principal and interest .
Customer: replied 1 year ago.
It would had said responsible for the mortgage big it's not listed as single just like I said she is responsible for principle , interest and taxes on real estate
Expert:  Roger replied 1 year ago.

I understand that, but if she is refusing to pay, then you're probably going to have to go back to court, and with that being the case, you can ask the court to compel her to comply with the order and ask the court to reiterate that she must pay both.

Customer: replied 1 year ago.
I did file a contempt I talked to the court assigned lawyer that helped me to write it. Thank you for your advise and I keep you in mind for any other things coming up
Expert:  Roger replied 1 year ago.

No problem and good luck with this. IF you need anything further, please let me know.

Customer: replied 1 year ago.
Hi I have one more thing to add about the mortgage, as it said the wife is responsible for paying principal, interest and taxes on the real estate . I just found it why she refuses to pay it she says she does not have to until I start paying alimony which was 3 weeks later as written in the MSA with date. For her to be responsible had no date which means this was active of the the day the judgment was made by the judge when he approved that MSA. She seams to be focused on that date when alimony start with everything including she is supposed to give me my car which also was no date specified , again I go with the date the judge approved the MSA ?
Expert:  Roger replied 1 year ago.

Unless the MSA says that her obligation doesn't begin until you perform some task (pay alimony), her argument is likely futile.

Customer: replied 1 year ago.
I attached a file so you can see . It only stats commencing August 7th '2015 to start paying alimony but nothing else is written there.
Customer: replied 1 year ago.
Here is the atttachment
Expert:  Roger replied 1 year ago.

If there's no caveat or condition requiring your payments to start before hers, I don't see how her argument holds water.

Customer: replied 1 year ago.
No there is not the only things with a date stated to work by August 1 the to work together to change the names on the bills do each party pays their own. Which she still has not done I am still paying for cable and electricity . The other date was for given me my personal belongings by this end of the months. Otherwise nothing else
Expert:  Roger replied 1 year ago.

In that case, it doesn't stand to reason that her logic would hold up.