If I’ve been divorced 2 years and it was decreed that the house be sold and the proceeds divided but my ex refuses to leave and has not put it up for sale, how do I proceed?

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If I’ve been divorced 2 years and it was decreed that the house be sold and the proceeds divided but my ex refuses to leave and has not put it up for sale, how do I proceed?

He has lived in it the entire time. I was married 38 years.

Asked on October 22, 2015 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

All you really can do to enforce the decree is to bring another contempt proceeding. In it, ask the court if the court will appoint a receiver to sell the house and distribute the proceeds: the court should have the equitable power to actually take matters into its own hands (or the hands of a court-appointed agent, i.e. the receiver) and make this happen. If it does not do so or the judge feels he/she does not have that authority, then all the court can do is jail him for contempt until such time as he carries through with the sale.


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