What are my rights if my husband is in contempt of court?

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What are my rights if my husband is in contempt of court?

I was divorced 2 years ago and my ex-husband was ordered to sign an execution of mortgage to me on the home; it is paid for in full. Can I foreclose on him? He is in contempt and I have to go to court next week. He has also not given me the monthly payments that was court ordered, plus he was supposed to put the house up for sale which he never did.

Asked on December 28, 2011 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your former husband is supposedly in contempt of a court order with respect to the execution of certain paperwork and payments, I would simply let the court take care of the situation at the upcoming court hearing. Depending upon the court's decision, I would have the court order dictate what you are entitled to do.

If you do not have a family law attorney asisting you in the situation that you are writing about, I recommend that you consult with one.

If the home is paid in full as you write, I suspect that the document that your former husband was ordered to sign is the deed to the home you presumably are living in to you. Once the home is in your name, there is nothing for you to foreclose upon.


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