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Asked almost 4 years ago - Kansas
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My ex-husband has not payed me out my half of the equity in our marital home which by the decree he was required to do by November of last year. He is offering to pay me my half of the equity now less maitenance and taxes on a rental property that we own but that he receives all of the cash flows for.
The rental property was awarded to him and he was required to market and sell the property which we would again split the equity on once sold. He has however not put the property up for sale and I'm running out of options as all of my assets are tied up in this.
Can I represent myself in court and ask to have the order enforced? What motion would I file in Kansas?
Does your ex-husband still have an attorney? If so, you can contact his attorney and attempt to settle the matter through letters and e-mail. If not, then you have a number of things that you need to consider.
First, can the properties be sold? Although there may have been equity in the properties at the time of your divorce, that doesn't necessarily mean that there is now. Even if there IS equity, would it make good financial sense to sell the properties now?
Go back to the order from the court and look at the language very carefully. If he is required to sell the properties and split the proceeds, then you can force him to try to do so, unless he claims that selling the property now would result in an unreasonable waste and can get the Court to agree with him.
You CAN file a motion to enforce the order, and you may be able to find a form online that can help. Check with the Kansas Judicial Council, or check your local district court to find out if they have a law library. The law library at the Johnson County Kansas District Court has forms available for a very small fee, and they may be available by e-mail or fax if you call them.
Of course, it may be in your best interest to consult an attorney. It is much easier for an attorney to enforce an order because they know their way through the legal system. Keep in mind that it won't be enough to file the motion. You'll have to state all of the necessary information to meet the statute, and then present evidence and, potentially, conduct a hearing in Court. Most judges will give you a fair amount of leeway if you are representing yourself, but they are prohibited by the ethical rules from giving you any legal advice or helping you to present your case.
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