My ex-wife and I agreed to split the bills in half and that is what is on the divorce decree. She stated to me last month that she is not paying anymore and doesn't care if they foreclose. There is a catch to this however..my father moved in the house which is in Colorado without telling me or paying any rent and my ex-wife knew before I did. I do believe that is her excuse. Please advise what the best couse of action is. I have been paying my half diligently all along and the house is up for sale. With the current market conditions it is taking some time and we may lose money on the deal. I now live in Virginia and cannot afford 2 mortages.
Divorce / Separation Lawyer
You should file a Motion with the Court to have your ex wife cited for contempt. You will need to file an affidavit setting forth the circumstances of her failure to follow the Court's order. Your ex will be served with the documents by a process server and ordered to appear in Court and show cause why she should not be committed to prison for failing to comply with the Court's order. You can also obtain an award of attorney fees against her if you succeed. The other option is to file a Motion requesting that the Court enter a judgement for her share and then garnish her wages or bank account to recover any amounts you have had to pay to prevent forclosure.
Your father should at least be paying reasonable rent which could be used towards the mortgage.