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Roger, Attorney
Category: Legal
Satisfied Customers: 31597
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am divorced as of June 26th 2015. We had a do it yourself

Customer Question

I am divorced as of June 26th 2015. We had a do it yourself uncontested Divorce. My spouse kept the house and was supposed to have my half of the equity by August 1st. I still haven't gotten my money and he has been working on it supposedly since the 2nd week of August. I received an email from him saying the bank has found an appraiser and his new refinance date is October 15th. I have to write a letter to the bank staring if my half of the equity will be coming from the appraised value or the value of the amount stated in the divorce decree. I just find this suspicious. Also October 15th will be 2 1/2 months last the date stated in the divorce decree. Do I have any rights?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

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

If the court order requires him to pay you/buy you out by August 1st, and that didn't happen, you have the right to file a petition to hold him in contempt of court. The judge can warn, fine or even jail him for failing to meet the deadline in the order.

More that likely, if you were to file the contempt motion, the judge would give him a specified amount of time to get this resolved....and if that doesn't happen, the judge would then fine or jail him until this is completed.

Customer: replied 1 year ago.
But do I have to write a letter to the bank staring what amount they need to go with as far as the equity? The amount on the decree or the amount he gets the house appraised at. Also is there additional money he would have to pay for the contempt of court to me for the aggregation and financial strain? What is the petition form called?
Expert:  Roger replied 1 year ago.

No, you shouldn't have to do this s the bank isn't under an obligation to the court. Instead, he would be responsible. That said, you certainly can contact the lender and provide a copy of the court order to guarantee you get what you're entitled to.

Expert:  Roger replied 1 year ago.

If you file a motion for contempt, the judge could fine him, but it would likely be a fine payable to the court......but you could be awarded your attorney's fees or associated costs by the judge.

Expert:  Roger replied 1 year ago.

The document filed would be a motion for contempt or a motion to show cause.

Customer: replied 1 year ago.
Can I file that even though he supposedly has started the process of refinancing. Even though he should have had it to me by Austin 1
Expert:  Roger replied 1 year ago.

Yes, you can file it because his deadline as set by the court has passed.......and who knows if he's actually started the refinancing process. Even if he has, the judge getting involved and keeping his/her thumb on him will make a big difference with his seed in getting this done.

Customer: replied 1 year ago.
Where can I get the motion for contempt or motion for cause form?
Expert:  Roger replied 1 year ago.

You can call the court clerk's office and ask if they have form motions.....if not, you'd need to get an attorney to help draft it, or you could do it yourself.

Expert:  Roger replied 1 year ago.

If you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!