What is a husband’s legal rights to a house awarded to his ex-wife if she is not making timely payments?

My husband gave his ex-wife the house in their divorce. She was court ordered to keep the payments current and take his name off the house, neither of which she has done. We are now trying to get a house but can’t because she has been late each month since he moved out 2 years ago. She now owes $10,000 more than what the house appraises for. The house went into foreclosure 9 months ago, which she somehow got it out of. She is currently over $2400 behind again. Do we have any legal right to evict her and do a short sale on the house?

Asked on March 20, 2012 under Family Law, Mississippi


Alan Pransky / Law Office of Alan J Pransky

Answered 8 years ago | Contributor

His legal rights are determined by the divorce judgment.  You may want to take the judgment to a lawyer to give you particular information.  As a general rule, your husband should file a contempt against his ex-wife to address her failure to obey the court orders.  I doubt that the you have the right to evict her.  A judge has the power to rule on the necessity of a short sale.

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