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SC Law Attorney
SC Law Attorney, Family Law Attorney
Category: Family Law
Satisfied Customers: 344
Experience:  I have been practicing primarily in the field of Family Law for approximately 17 years
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Dallas, TX My brother is currently divorced from his ex-wife,

Customer Question

Dallas, TX: My brother is currently divorced from his ex-wife, as of December 2009. The only joint property remaining is their house, purchased while they were married. The divorce decree states that the house must be sold, unless either party offers to buy the other's share. The ex-wife is responsible for paying 1/2 of the mortgage plus all utility expenses. She was required to pay for everything until the outstanding property taxes were settled, at which time each party would contribute half of the mortgage payment. She has refused to pay the utilities and her half of the mortgage payment for two months. She briefly offerred to give the property to my brither if he refinanced the house in his name. He went forward with the process, only to have her refuse to sign the documents at the last minute. What legal options are there for either forcing her to pay or dividing the interest in the property to prevent her from destroying my brother's credit through her refusal to pay?
Submitted: 6 years ago.
Category: Family Law
Expert:  SC Law Attorney replied 6 years ago.

At this point, the only order in effect is the one you describe. Evidently, someone offered to give her an "out", and she didn't take it. Therefore, the Order remains in effect. When someone violates a court order, the only option you have is to file contempt, or, what is also known as a 'rule to show cause". So, if she were required to pay certain things and didn't, then he should file contempt. So, you can force her to pay since you have an order requiring her to pay