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My ex husband was given three years to refinance our house and have my name removed from the mortgage or he has to sell it.

Glenview, IL |
Filed under: Divorce Divorce decree

The three years are up in June and he has not removed my name . How do I get this enforced? It was stipulated in our divorce decree, but he is not the type of person to comply and cooperate. He is also suppose to pay all legal fees if I am forced to go back to court. This he will not do willingly either.

Attorney Answers 3

Posted

This is pretty simple. Given the R.E. market and the economy, Matrimonial attorneys are running into this sort of thing a lot, these days. You hire a lawyer and take him back to court. The court has the power to enforce the agreement (the agreement is actually an order -- it has the power of the law behind it). The property will be sold (eventually). The funds from the sale may be escrowed until the issue of a reimbursement to you for the expense of the attorney's fees is resolved.

So, you need to go back to court to enforce your agreement. You should work with an attorney to do this -- you should not try to do this on your own.

The same way this problem sprouted and developed in your current agreement; the seeds of new, unforeseen problems likely will be sown and watered in your new agreement if you avoid an attorney's assistance. Do everyone -- including yourself -- a favor: work with an attorney.

Questions? Call -- 312-987-9999 -- for a no-charge, no-obligation, free Matrimonial / Family Law legal consultation.

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Posted

Make written demand upon him to comply with the divorce decree: quote the relevant provisions and tell him that he needs to comply with terms as stated or you will take him back to court. You will have written proof that you attempted to settle this outside of court and that he refused to comply.

You can file a petition to enforce your divorce decree as a contract. He breached the divorce decree by failing to either refinance within 3 years or sell the property. Since your divorce decree obligates him to pay your legal fees, you should hire a divorce attorney to guide you through the steps.

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3 comments

Gary L. Schlesinger

Gary L. Schlesinger

Posted

why limit it to a suit to enforce a contract? if it is in a judgment, do a petition to hold him in contempt. more effective. sooner. need not file a separate suit. could get fees. shifts the burden to him.

Elizabeth M. Feely

Elizabeth M. Feely

Posted

Why is it more effective or faster than a motion for summary judgment, under the circumstances described? A petition for rule is a pleading much like a complaint--likewise subject to 2-615 & 2-619 motions to strike, dismiss for judgment on pleadings...

Gary L. Schlesinger

Gary L. Schlesinger

Posted

because you have to file a separate suit to enforce the judgement as a contract. serve him. he has 30 days to appear, he does on the last day. you do a motion to default him for no response., he gets 21 days to respond. he does. now you are 51 days from filing. then you do discovery. then your motion for summary judgment. then he responds. then you reply. then you have a court date to argue it. then the judge takes it under advisement. then you get a decision which is another court order that he list the house for sale which he refuses to do. so how do you enforce the new order in the new case? with a petition for rule to show cause. so if you do the pet for rule in the divorce case, you get real relief much more quickly. also you could get fees in the petition for rule but not in the new case.

Posted

File a rule to show cause. You can ask for your attorneys fees too.

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