How can I get my ex-husband held accountable for what he is supposed to do?
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How can I get my ex-husband held accountable for what he is supposed to do?
I am a disabled woman and have tried everything that I can to get my ex back into court to get the house payment taken out of my name. It’s been 8 years and still no help. He pays when he wants to and 5 years not paying it. This and other joint bills has caused me health problems, plus has ruined my credit. I will be homeless soon because I can’t get a loan. I am the only disabled woman who can’t get help. What’s wrong with the system?
Asked on August 5, 2018 under Family Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
While a lawyer would clearly help you, you are allowed to file to enforce your rights without an attorney ("pro se"). If you have divorce decree from a judge requiring your husband to refinance the home in his name only, you can enforce it by bringing a motion seeking to hold him in contempt of court for violating a court decree/order. If instead you have a divorce settlement or agreement which you and he had voluntarily entered into, you would enforce it by suing him for "breach of contract"--that is, for violating the settlement or agreement, which is a contract.
You should be able to get basic instructions for either a motion or a lawsuit (for breach of contract0 from the court--either in person, from the clerk's office, and/or from the court's online website. You may be able to get sample or template forms to use.
As to your concern about finding an attorney--while you deserve sympathy for your situation, bear in mind that this matter could take, if your ex contests matters, several tens of hours of work--an attorney has to make sure he or she compensated for his or her time.
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