How can I force my ex wife to comply with divorce agreement reached in Febuary? Our real estate, 22 acres and house owned outright, was divided 70% her/30% me. We were to meet with a prearranged realtor and list the property and sell it. She would not open the door to the realtor, in fact she shouted and yelled the poor woman away. She is a raging alcoholic. Since there are virtually zero sales of property of this type in the 12 months or so I wish to partition off my 30% in acreage and grow vegetables. Otherwise the property will sit in disrepair while my asset remains in limbo. How I force a sale or partition? We are in Texas.
State/Country relating to Question: Texas
According to the ex's daughter: In August a government agency took ex away to a state facility against her will. A neighbor(s)must have complained about some bad behavior. In December she had a hearing of some sort, the state did not show up to prosecute, and she was released and was returned home. Upon release she stopped payment on a check from her daughter (POA) that I was owed. I had used this check to pay property taxes, which are my responsibility. The daughter had assured me 'mom' would not return home.
The divorce was finalized in Feb/09. After seeing the property would not list since she is uncooperative and would not sell anyway with a drunk in residence my plan was to let her self distruct. This almost happened. The daughter would like her in an assisted living place and sell the house. I am mortgage approved. The daughter and I could arrive at a price, probably.
But now I'm getting impatient. I'm wondering what is involved to force dividing or selling the property.
A party can be compelled to comply with a court's order by filing a complaint of contempt with the court. If a party is under court order and they knowingly and willingly fail to comply with the order of the court, they are guilty of "contempt of court" this has criminal consequences and can even result in jail time. They usually comply after the court fines/incarcerates them. For a contempt complaint, you would either want to hire an attorney to draft it for you, or you can visit your county law library and ask the law librarian for a sample complaint. Some courthouses also assist (it is venue-specific), so you may want to start by telephoning your courthouse.
Let me know if I may be of further assistance. Thank you.
Attorney experienced in numerous areas of law.
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