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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10224
Experience:  Experienced Family Law Attorney
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I am officially divorced and my ex-wife is living in the

Customer Question

Hello. I am officially divorced and my ex-wife is living in the marital home while it is on the market. I believe she is in contempt of multiple parts of the divorce decree as well as manipulating repair costs to obtain a larger share of the proceeds disbursement. My lawyer has not called me back since mediation was completed, and I am not sure if I need a divorce attorney to bring to closing or a real estate attorney. Do I have any options?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

I'm sorry to hear this; normally after the divorce decree is entered, things go smoothly; but there can be complications.

For instance:

you mention that there may be violations of the divorce decree. If there are knowing and willful violations of the decree, then the court has the ability to, upon motion, find the party in contempt. When a party is in contempt, (again, this must be a known violation- so they are aware of the court order; and it must be willful - they are intending to violate the court order) the court has the ability, upon motion, to award attorney fees to the innocent party, fine the violating party, and even order jail time for the more egregious (i.e ongoing) violations.

In order to close on a real estate transaction, one would need a real estate agent; but it is always a good idea to have an attorney oversee the process, particularly when there is a divorce decree that is addressing that very issue (so the lawyer can ensure that the sale complies with the divorce decree, for example).

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 1 year ago.
I have documentation. Of her being in contempt. Part of the disbursement of funds is reimbursement of repairs recommended by the real estate agent, as long as the receipts are emailed to one another. The real estate agent is willing to attest to the home needing no more than $500 in repairs, my ex is refusing to email receipts of said repairs and claiming the total to be in the thousands of dollars. Who can help me acquire the receipts the decree states I am to be emailed and do I need to hire another lawyer to represent me at the closing when the proceeds are dispersed. (I've got written documentation my ex is in contempt of multiple sections of the decree.)
Expert:  LegalGems replied 1 year ago.

There is a process called a "motion to compel production of..." and then it would list what is being requested; but when making the motion to compel, the filing party would also need to simultaneously request attorney fees (the court does not have jurisdiction to grant unrequested relief). Often times the real estate agent will assist with any correspondence necessary during the sale of the home, but when it comes down to presenting the information to the judge, one will need an attorney or they can represent themselves ('in pro per")

Expert:  LegalGems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!