Short Form Court Order

Asked about 2 years ago - Coram, NY

For the past 3 yrs I have been desparately trying to sell the marital home. Now that my divorce is official, in our Stipulation agreement, he was to immediately sign all necessary papers in selling the marital home, which he refused. I put in motion to appoint me as the receiver and to give me the power to oversee the selling of the marital home. I finally received the short order form, but I was denied. Did not have enough evidence. I have the right to plenary action. Do I need to go down to court to file and what are the procedures to get this action going?

Attorney answers (4)

  1. David Zaslavsky

    Contributor Level 19

    6

    Lawyers agree

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    Answered . If you ex-Husband has violated a provision of the Stipulation then you need to file a motion for enforcement and to hold him in contempt. A part of that motion may ask the court to appoint you as a received.

    These are not matters that can generally be handled by a person representing themselves. I would advise you to hire an attorney to deal with this matter. I can tell you with some level of certainty that if you filed in the mail and were never before a judge and there were no papers filed in response to your motion, then the papers were probably rejected as being insufficient on their face.

  2. Joseph S Hubicki

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . Appointment of a receiver is drastic remedy and is usually reserved for instances where there the property is being wasted or destroyed. I agree that you should file a post judgment motion for enforcement or motion for contempt under the same Index Number as the divorce action. If you have a willful refusal to obey a clear order, then you have grounds for contempt. You should be able to recover attorneys' fees. Without seeing the all the paperwork, it is hard to understand why there would be a need for a plenary action.

  3. Jeffrey Bruce Gold

    Contributor Level 19

    3

    Lawyers agree

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    Answered . Without seeing the motion papers that were submitted, it is difficult to ascertain why the motion was denied. You can file in Suffolk through the mail, but perhaps going to court would be appropriate for you so the clerk can make sure your papers are not deficient on their face.
    If all else fails you can hire an attorney to look over the papers, or to file them.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  4. Maria C. Tebano

    Contributor Level 15

    Answered . File a motion in supreme court seeking to find your former spouse in violation of the agreement and seek enforcement of the provisions regarding the sale of the home. In your agreement, there is probably a provision regarding the award of counsel fees if either party is in breach of the agreement. As that the house be sold immediately and that you be appointed as individual to oversee the sale of the residence, with the power to execute all documents to follow through with the sale. Alternatively, you can ask that a third party be appointed the receiver and that the sheriff in your area be authorized to sign the deed and transfer papers upon a sale.

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