What is the best way for me to proceed in getting my ex husband to comply with a court order in a divorce decree to sell or refinance the mortgage on the marital home?

He was ordered by the court to refinance or sell within 6 months of the divorce. It has been 4 1/2 years and he refuses. We were summoned by the court for his failure of payment on the mortgage and he applied for some type of help but never removed my name and still has not made any mortgage payments. Debt collectors are calling me and my credit has been greatly affected. What are my options?

Asked on October 16, 2017 under Family Law, Indiana

Answers:

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

Answered 3 years ago | Contributor

Your recourse is to pursue contempt of court against your ex.
You will need to file an Order to Show Cause for a hearing on this issue.  Before filing your Order to Show Cause, call the court clerk to request a hearing date.  Include the date/time/department of the hearing on the Order to Show Cause.  With the 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. You should also file any additional documents, items, etc. as supporting evidence of your contempt of court claim.  Also, file a Proof of Service (court form).  After filing your documents with the court, mail a copy of those documents to your ex with the proof of service, so that your ex will have notice of the hearing.  The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if any other documents are required for contempt of court because the required documents may vary from state to state.


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