Question:

My divorce decree included a provision where my wife was supposed to refinance our home within two years. It has been eight years and she still has not done so.

What can I do to ensure she doesn’t default and end up taking me down with her?

Answer:

If she was ordered to refinance the home in a certain amount of time and has failed to do so, she may be in contempt of court for not following the terms of the divorce judgment.

A contempt of court motion would need to be brought in front of the court.

You will want to review your divorce judgment and determine whether there is a remedy for what happens if the home is not refinanced, such as requiring that the home must be listed for sale.

You can then ask the court to enforce this provision, but if there is no remedy, you can try requesting the court to order your ex to refinance.

I would encourage you to contact one of our attorneys licensed in your state to review your case.

Short of having a court hearing, an attorney may be able to send a demand letter to your ex-wife and threaten a filing of contempt of court if she does not remove your name to in a sense “scare” her into action.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.