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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42815
Experience:  30 years as a family law lawyer .
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I was divorced in 2009 and I had 5 years to refinance my

Customer Question

I was divorced in 2009 and I had 5 years to refinance my home. Unfortunately, I have been unable to do so. Currently I am self employed and need 2 years back taxes in order to be approved for my loan, and I do not have that.My ex husband hired an attorney and is taking me for contempt because:
1.) I have no paid my homeowners association on time
2.) I have not refinanced the home.I have NEVER missed a house payment or been late EVER though.As a part of my divorce decree we also agreed to ZERO visitation time for him with our daughter, and I accepted to not "charge" him child support since he didn't want anything to do with being a father. -As part of this agreement he is not allowed to contact our daughter.We have court tomorrow for this contempt case he filed against me to force a sale of the home. (I do not have an attorney as I can not afford one) but last week he contacted my daughter via instagram. My daughter does not KNOW who he is at all, hasn't ever met him (she last saw him when she was 2) and he reached out to her 11 years later when he isn't supposed to.My question is going into this contempt case tomorrow I do NOT want to be forced to sell my home, and I don't know if you have any advice for this, and if you think I should file contempt back on him for contacting our daughter, and placing our home for sale by owner himself? If so, how would i go about doing that, and would it be beneficial to file that before we go to court tomorrow?Contempt case attached here and I will also send our divorce decree.
Submitted: 1 month ago.
Category: Family Law
Customer: replied 1 month ago.
Here is the contempt case
Customer: replied 1 month ago.
Divorce decree1.) He contacted my 13 year old daughter via instagram
2.) he put my house up for sale for $210k on his instagram and social accounts
Customer: replied 1 month ago.
His attorney contact me friday with this message asking if I am in agreement and they would like to discuss choosing the realtor and the other stipulations moving forward. my DECREE Specifically states I CHOOSE the realtor, etc. He is also trying to get some of my equity after NEVER paying a dime towards my home.SHOULD I RESPOND TO THIS MESSAGE Today before my court appearance tomorrow? /Users/brittanywalker/Desktop/Screen Shot 2017-09-11 at 12.33.26 PM.png
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 1 month ago.

I think you should try to talk to the lawyer here.You are likely going to have to sell the home.You may be able to negotiate better terms than if you are held in contempt here.If you go to hearing the court can pile legal fees onto you here and basically take over the sale of the property.It is in your interest to try and resolve this.

The no contact with child is a separate issue here, you decide whether to file contempt.You can sue that as bargaining chip with lawyer and ex here see if you can agree to a slow sale.About the best you can do here, if you cannot refinance they can likely force a sale and they can seek jail or fines for you.

I appreciate the chance to help you today.Sorry you are having to deal with this.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 1 month ago.
If she doesn't return my call today, should I file contempt charges towards him as well or just show up to the court appearance tomorrow to discuss that?
Expert:  RayAnswers replied 1 month ago.

I would show up here and then file,see how it goes before you go to war on the other issues.Use it as a bargaining chip.

Expert:  RayAnswers replied 1 month ago.

nd you can always file for child support with the state here.He breached the agreement mention that as another bargaining chip.