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I got a divorce last year and I’m trying to refinance my…

Hi I got a...

Hi I got a divorce last year and I’m trying to refinance my house and my ex wife won’t sign the quick deed. Even though it says in the divorce that I get permanent possession of the house. What do I do?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No I just have the divorce decree

Lawyer's Assistant: Family law varies by state. What state are you in?

Kansas

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Answered in 3 minutes by:
5/24/2018
RayAnswers
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Category: Family Law
Satisfied Customers: 48,874
Experience: 30 years as a family law lawyer .
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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.

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Customer reply replied 2 months ago
Ok

Here it is a motion for contempt and a sshow cause order and you serve it on the ex.You likely need a lawyer and can seek legal fees.Lawyer will send demand letter and if the deed isn't forthcoming quickly seek to jail and fine the ex and get you awarded your legal fees here.These are the next steps to force her to comply under Kansas law.

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Customer reply replied 2 months ago
Can I send you what it says? And to see if it’s what I think stating I have possession of it?

Yes and here is lawyer to file contempt

To request a free referral, contact us at
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Post it as an attachment here,thanks

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Customer reply replied 2 months ago
Here ya go

When another party fails to abide by the terms and conditions of the family court order, there are ways to enforce the order and to petition the court to force the other party's compliance. By informing the court that the other party is not abiding by the agreement they may be found in contempt, this is also known as a "Rule to Show Cause." By filing this petition you are basically asking the court to find the opposing party in contempt until they begin fulfilling the provisions in the court order. In order to find the opposing party in contempt, you will have to be able to prove that it willful and purposeful and not by accident. Within the Rule to Show Cause you must include an affidavit, or formal complaint, that clearly states the requirements of the court order and how the other party specifically failed to meet these provisions. If the opposing party has a valid reason for not meeting the set provisions in the court order, then filing a rule to show cause may not be the best option.

After filing the petition with the clerk of court, it must be served against the opposing party via certified mail, sheriff, or a court-authorized person. This way they will be informed of the scheduled court date and you can commence preparation. The contempt hearing is where physical evidence and witness testimony may be brought forward by the moving party in order to show the existence of contempt. The moving party has a burden of proof that is required by law in order to be successful, so it would be your job to convince the judge that action must be taken. Very few people find that they need to hold someone in contempt more than once in order to force them to comply- this is because there are serious legal consequences for those who disobey court orders. If you succeed in finding the other part in contempt, they could be held in jail for up to a year- this is one of the reasons why the enforcement system is so effective.

If you are successful in enforcing the court order, the other party could face legal consequences. The penalties for contempt of court are found in the Missouri Revised Statutes § 476.120 which states that they may be fined, imprisoned or both- the ultimate penalty will be left up to the discretion of the court. The person being accused of contempt has the right to an attorney, the court will appoint them one if they cannot afford it themselves. Being found in contempt is not a criminal offense, but it can send someone to jail. Anyone who holds a court order that clearly states what another person can or cannot do can file a contempt of court action if they believe that the opposing party has violated that order. If the person charged with contempt fails to appear at the court hearing, then they may be arrested.

Yes she is in contempt here and you can file motion for contempt and seek to force her to sign quitclaim.

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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.

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