How can i get my ex husband to sell our house and split the proceeds as ordered by our divorce decree?

We settled our divorce thru mediation and we are to list our house with a realtor, sell it and split the proceeds. My ex husband refuses to do so. What can be done?

Asked on April 4, 2018 under Family Law, Alabama

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can pursue contempt of court against your ex for failure to comply with the terms of your divorce decree.
You will need to file an Order to Show Cause for a hearing on contempt of court.  Call the court clerk to schedule the hearing and include the date, time, and department of the hearing in your Order to Show Cause.  With your Order to Show Cause, also file with the court your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim, and also file any other documents, items, etc. (if applicable) that provide supporting evidence of your contempt of court claim.  File a proof of service (court form) with your documents. After filing your documents with the court, mail a copy of all those documents to your ex to provide him with notice of the hearing.  Include the proof of service which verifies the date of mailing your court-filed documents to your ex.  Prior to filing your documents with the court, check with the court clerk to be certain you have included all required documents for a contempt of court claim because the documents may vary from state to state.


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