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Roger, Attorney
Category: Legal
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am divorced as of June 26th 2015. We had a do it yourself

Customer Question

I am divorced as of June 26th 2015. We had a do it yourself uncontested Divorce. My spouse kept the house and was supposed to have my half of the equity by August 1st. I still haven't gotten my money and he has been working on it supposedly since the 2nd week of August. I received an email from him saying the bank has found an appraiser and his new refinance date is October 15th. I have to write a letter to the bank staring if my half of the equity will be coming from the appraised value or the value of the amount stated in the divorce decree. I just find this suspicious. Also October 15th will be 2 1/2 months last the date stated in the divorce decree. Do I have any rights?
Submitted: 2 years ago.
Category: Legal
Expert:  Roger replied 2 years ago.

Hi - my name is ***** ***** I'll be glad to assist.

If the court order requires him to pay you/buy you out by August 1st, and that didn't happen, you have the right to file a petition to hold him in contempt of court. The judge can warn, fine or even jail him for failing to meet the deadline in the order.

More that likely, if you were to file the contempt motion, the judge would give him a specified amount of time to get this resolved....and if that doesn't happen, the judge would then fine or jail him until this is completed.

Customer: replied 2 years ago.
But do I have to write a letter to the bank staring what amount they need to go with as far as the equity? The amount on the decree or the amount he gets the house appraised at. Also is there additional money he would have to pay for the contempt of court to me for the aggregation and financial strain? What is the petition form called?
Expert:  Roger replied 2 years ago.

No, you shouldn't have to do this s the bank isn't under an obligation to the court. Instead, he would be responsible. That said, you certainly can contact the lender and provide a copy of the court order to guarantee you get what you're entitled to.

Expert:  Roger replied 2 years ago.

If you file a motion for contempt, the judge could fine him, but it would likely be a fine payable to the court......but you could be awarded your attorney's fees or associated costs by the judge.

Expert:  Roger replied 2 years ago.

The document filed would be a motion for contempt or a motion to show cause.

Customer: replied 2 years ago.
Can I file that even though he supposedly has started the process of refinancing. Even though he should have had it to me by Austin 1
Expert:  Roger replied 2 years ago.

Yes, you can file it because his deadline as set by the court has passed.......and who knows if he's actually started the refinancing process. Even if he has, the judge getting involved and keeping his/her thumb on him will make a big difference with his seed in getting this done.

Customer: replied 2 years ago.
Where can I get the motion for contempt or motion for cause form?
Expert:  Roger replied 2 years ago.

You can call the court clerk's office and ask if they have form motions.....if not, you'd need to get an attorney to help draft it, or you could do it yourself.

Expert:  Roger replied 2 years ago.

If you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!