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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111450
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My question is regarding my divorce which was final in

Customer Question

My question is regarding my divorce which was final in Arkansas May 19, 2015.The property division specified that the house owned jointly with my ex-husband would be listed for sale within 6 months of the divorce. He retained possession of the house and is responsible for the costs of upkeep and should not devalue the property. I have moved to California and have only been in the house once in 6 months, but it was in poor condition at that time- unkempt and unclean. Not in a condition to list for sale.We are to split equally the mortgage and electric bills. And split equally the proceeds of sale of the house. I believe the house will not sell above the current mortgage balance--so not expecting any cash out provision. I have considered that it would be best to turn the house to the mortgage bank.Following the sale of the house, he is responsible for paying 1/2 of a long term debt (that is in my name) at $500 per month for 60 months with a final $1500 payment. $31,500 total. I am currently having to make 100% of the payments on this debt. When the divorce terms were spelled out, I think this was a mistake to have that open-ended and dependent on sale of the house.The house has not been listed for sale. My ex is working in a job that requires travel away from home most weeks. He has indicated that he would prefer to keep the house instead of selling it but he cannot obtain financing from a bank at the moment. He has only been working about 5 months-no recent verifiable income prior to that for a bank to use in credit determination. The mortgage bank will not release me from the mortgage.What are my options? I need my ex to start making the payments on the long term debt and I need to either have the house sold or find a way to transfer the mortgage to him so that he starts full mortgage payments. Is there a way to sell it to him on contract since he not able to obtain financing on his own? Would that obligate him to pay in full and release me from obligation to make 1/2 of mortgage payment and 1/2 of electric bill?
Thanks!
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If your court order mandates putting the house up for sale and he refuses and also will not pay what he is supposed to pay on the long term debt, then the proper legal process is to file a Motion for Order to Show Cause for Contempt in the court where the order was entered and force him into court for the court to 1) order him to pay and 2) for the court to order the sale of the house controlled by the court.

If he is refusing your demands for payment and to put up the house for sale, then taking him back to court is your only legal option.
Customer: replied 11 months ago.
Is filing that motion expensive and complicated? I live in California now.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

For you being out of state, you would have to have an attorney, but typically the costs of filing the motion and pursuing it in court for you with an attorney would be about $1000-$1500, but if you add the costs you would incur in travel back and fort and filing the motion and then having to go to court when needed, the costs are likely cheaper for you to use the attorney.

However, filing in court is the only way you can resolve the matter if you want it resolved.

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