Full question:
How do I get my ex-wife to sell our marital property, I have already tried with attorney written letters to no avail., the kids moved out 10 years ago and she is still living there and won't sell. The divorce decree clearly states that the house be sold and split when kids turn 18 yrs old or leave house. What can I do?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Florida
Answer:
If the court who entered the decree retained jurisdiction over the case, then it may be possible to petition the court to enforce the decree. A contempt of court proceeding is typically used as the enforcement procedure. You would have to file a motion for civil contempt/enforcement and then serve the motion on your ex-spouse so she would have notice of the hearing. At the hearing, you would have the burden of proving the other party has not obeyed a prior court order. If the non-compliance is proven, the other party would have the opportunity to show an inability to comply with the order. If that can't be done, the judge may find the other party in contempt where the sanctions to compel compliance with the order. Some of the sanctions include jail, payment of attorney's fees, suit money oir costs (the filing fee for the motion and service), coercive or compensatory fees or any other relief permitted by law.
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.
