What can I do if my ex-husband was supposed to refinance our marital home with in 260 days of divorce finalization but hasn’t?

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What can I do if my ex-husband was supposed to refinance our marital home with in 260 days of divorce finalization but hasn’t?

It took him 316 days and our decree says it if isn’t done within the time frame he will have to pay 150% of the equity of the home. It has been 3 years and he refuses to pay. Can I still file a contempt charge against him? I know he has the money to pay it as when we divorce I gave him our savings account which had $112,000 in it.

Asked on October 22, 2015 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can seek a contempt proceeding against him, and if the court finds him in violation of the decree--which he apparently is, based on what you write--the court can impose sanctions (punishments) on him to force him to comply (i.e. to turn over the money). Court decrees are enforceable, so you do not need to let this stand. d on how much is presumably at stake, you should retain a family law attorney to help you do this--why take chances on making a procedural mistake that could hurt your case when when there are tens or hundreds of thousans of dollars at issue?


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