My husband has a court order to sell our marital home but isn’t. Does this mean he is in contempt of court?

UPDATED: Oct 1, 2022

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My husband has a court order to sell our marital home but isn’t. Does this mean he is in contempt of court?

Is he able to get arrested?

Asked on December 28, 2017 under Family Law, Michigan


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

Answered 5 years ago | Contributor

Your husband is in contempt of court for failing to comply with the court order to sell the marital home.
There are two types of contempt which are civil contempt and criminal contempt.  Civil contempt will result in fines.  Criminal contempt may result in incarceration and/or fines. It is unlikely that your husband will be arrested; however, if you pursue contempt of court against him and he fails to appear at the hearing, the judge can issue a bench warrant for his arrest for failure to appear.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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