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 that issued the divorce decree still has jurisdiction, you can petition the court to enforce the decree. This is often done through a contempt of court proceeding. You would need to file a motion for civil contempt/enforcement and serve it on your ex-spouse to notify them of the hearing.
During the hearing, you must prove that your ex-spouse has not complied with the court order. If you prove non-compliance, your ex-spouse can show any inability to comply. If they cannot demonstrate this, the judge may find them in contempt, which can lead to sanctions such as jail time, payment of attorney's fees, or 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.