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He won't sell house per divorce agreement

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#1 BillienBill


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Posted 13 February 2013 - 05:36 AM

Divorce (from 23 yr marriage) final Nov 2011. I left and took only what would fit in my car. We came to agreement and did a divorce contract which included him listing the total equity house once divorce was final, (and many other things he hasn't done). He did finally list house in July 2012, not sure how he managed to find someone to do such a poor job marketing a 2 story log cabin in the Ozarks, but he did. No yard signs, no internet listings, no pictures, nothing. The house has NEVER been shown.
The agreement also stated that if the house had not been sold after a year that we would put it up for auction.
Our adult son has been living in the home by himself (4 bdrm/2bth) since my ex remarried in Spring 2012. My son is getting ready to move out. Now he has convinced our adult daughter to move in with her small family and live rent/expense free! (they haven't yet).
I am so frustrated and not sure how I can fix this. Obviously, he is in contempt of the divorce agreement.
How can I fight this? I am broke, live in Indiana now (my home state), and unsure of what my options are.
I want this house sold and to finally get a portion of what I invested in it, and what was promised to me. What can I do?

#2 Fallen


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Posted 13 February 2013 - 08:28 AM

A little too much extraneous detail there. If your marital/property settlement agreement says X and he isn't complying, I'm afraid you need to address an action for contempt in divorce action if your ex refuses to sell the place or give you your share of the equity.

You don't say whether your name is still on the title and whether in this agreement you meanwhile gave exclusive possession/control over the place to the ex, and it's unclear whether you are free to take issue with the kids being freeloaders.

I'd be reaching out to attorneys who understand that if ex is in contempt of divorce agreement, you're free to ask the court to order him to pay your attorney fees and expect it to so order that in a contempt action.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

#3 Guest_FindLaw_Amir_*

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Posted 15 February 2013 - 11:27 AM

You may want to read: Civil Contempt of Court as a good resource about this subject matter.

#4 BillienBill


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Posted 15 February 2013 - 11:37 AM

My name IS on the title. My daughter decided not to move in, but I am still faced with the issue of trying to get it sold while I am in another state.

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