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When I divorced my ex-husband, the divorce decree stated…

Customer Question
When I divorced my...

When I divorced my ex-husband, the divorce decree stated that he was granted one of the homes we mortgaged and would be responsible for remortgaging that property in order to remove me from the mortgage. He didn't do it, let the home go into foreclosure, and I was ordered POA in court to sell the property. Because of the condition he has left the property in, I had to ask the mortgage holder to approve a short sale. Of course I will receive a 1099-R for the unpaid balance. How can I make him legally responsible to report the 1099-R and pay the taxes on that amount?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, the P&S agreement just went to the bank's attorney for review before the bank sends an appraiser to the property.

Lawyer's Assistant: Where is the home located?

In West Windsor, Vermont

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 12 minutes by:
3/22/2018
Real Estate Lawyer: Sean K, Lawyer replied 3 months ago
Sean K
Sean K, Lawyer
Category: Real Estate Law
Satisfied Customers: 870
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear that you are having that issue. Their is however an approach that will allow you to seek to have him be held responsible for any financial cost you incurred as well as to have him be held responsible for any attorneys' fees you incur in the process.

This will involve the Court, but in Vermont, the Family Court Judges have the authority to enforce their orders even if the basis of the order was as PSA. In your case the theory would be to show the court that the failure to follow the court order - the failure to refinance the home - (the violation) caused a chain of events that you did not anticipate (the short sale and 1099-R) and ultimately you were hit with the taxes. The benefit of the bargain you anticipated was a refinanced house. He failed to do this and you have incurred the tax liability. He can't refinance the house now, but he can reimburse the taxes and restore you to a sum-zero loss where together with the reimbursement of any fees this costs you, you would be as close to whole as possible.

This requires a separate petition to the Court and there after a hearing is set where a judge would make a ruling after considering the evidence. The Judges have the authority to incarcerate anyone found to have violated an order. This is not a criminal sanction, but rather a civil incarceration that allows them to be released from jail upon following the terms and conditions of the Court's order.

While it may sound otherwise, it is a fairly standard process that occurs rather frequently as many people decide not to follow orders and the Court has to enforce them.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Category: Real Estate Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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