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Can a Contempt Motion Be Filed For Failure to Pay Mortgage in Divorce Decree?

Can a Contempt Motion Be Filed For Failure to Pay Mortgage in Divorce Decree?

Q: Does a divorce decree override a mortgage?

A divorce decree does not automatically override a mortgage. If the decree states that one spouse is responsible for the mortgage, the lender is not bound by this agreement. The mortgage remains a contract between the borrower and the lender, and both parties may still be liable unless the mortgage is refinanced.

Q: Who has to leave the house in a divorce in Colorado?

In Colorado, who stays in the house after a divorce depends on the divorce decree. The court may award the home to one spouse, who may then have the right to stay. If the home is jointly owned, both parties may need to negotiate who will live there or sell the property.

Q: Does the wife always get the house in a divorce?

No, the wife does not always get the house in a divorce. Property division in Colorado is based on equitable distribution, meaning the court will divide marital assets fairly, but not necessarily equally. Factors such as financial contributions and child custody may influence the decision.

Q: Who gets to keep the house in a divorce in Colorado?

In Colorado, the division of the house during a divorce is determined by the court based on various factors, including who holds the title, the financial contributions of each spouse, and the best interests of any children involved. The court aims for an equitable distribution of assets.

Full question:

The Colorado divorce decree awarded my wife the house, and 1st mortgage and payments which she has kept up-to-date. Her ex-husband was awarded the 2nd mortgage and payments. Her ex-husband is making payments to cover the interest but not the principal of the 2nd mortgage. The 2nd mortgage company has placed the 2nd mortgage in Recovery status and now since she was secondary signer on the 2nd mortgage her credit rating has plummeted and she was denied a loan. Can she file a contempt of court order against her ex-husband for not making full amount payments and hurting her credit rating and ability to obtain a loan?

Category: Contempt
Date: 04/07/2025
State: Colorado

Answer:

When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court.

If the former spouse fails to make required payments, it is possible you may file a motion for contempt, and then it will be a matter of subjective determination for the court, based on all the facts and documents involved. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.

Generally, co-debtors on a loan are both liable and risk credit effects by defaults on the loan by either party. Liability for credit rating damage must be proven in a specific, calculable dollars manner. Losses claimed must not be merely speculative. Please see the information at the following link for further discussion:

http://www.creditdamageexpert.com/Articles/01-02-08lossofcapacity.doc

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can an ex-spouse stay on a mortgage after divorce?

Yes, an ex-spouse can remain on a mortgage after divorce if the mortgage agreement has not been modified or refinanced. Both parties may still be liable for the mortgage payments unless the court orders otherwise. If one spouse is awarded the home but the other remains on the mortgage, they could still be affected by any defaults, impacting their credit.