The decree says she had till 5/31/16 to finance in her name. She failed to do that and I am ready with assumption of the home from VA forms and the lender already approved. She will not sign them. The decree only says she has till 5/31/16 to finance and if she is able to that then no equity would be paid out to me. If we both agreed to sell prior to 5/31/16 then it would be split 50/50 on equity. In my mind her failure to finance by 5/31/16 means the house is now mine and I get the same opportunity she had, which would mean she must sign the assumption/title paperwork. Or does she have a right to the equity split if its not expressly stated in the decree once shes failed to meet the expectation of financing?
You are going to need to have someone review the documents to give you complete advice. Based on what you've stated I do not see where you would get the idea that you get the house in its entirety, but that's likely because information has been left out. If the paperwork is limited to her being required to refinance by a certain date or sell it, and she has done none of these things, then your option would be a contempt action (though since it is only 6/2/16 you may have to wait) asking the court to remedy the situation. I would advise you to speak to counsel in your area and have them sit down and review your documents in order to provide advice on how to proceed.
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You don't want to make assumptions. Often times the remedy is forcing the sale of the home. You need someone to review the language of the Order. That will control how this plays out legally. I would contact an established family law firm to see what your options are.
An attorney would need to review your documents to determine what exactly your ex-wife was required to do and what you are entitled to if she did not comply. You could file a motion for contempt but as previously stated, a court may make you wait longer than 3 days past the deadline.
The answer given is not legal advice and does not imply that an attorney-client relationship has been established. Your best course of action is to have legal representation in this matter
I agree with the other responders in that an attorney is going to have to review the specific language in your court orders as relates to the house. My concern is that those orders (or your agreement) lack some necessary specificity. I cannot conclude that the house becomes yours without reviewing your documents. Generally, courts are going to adhere to the strict language regarding properly set forth in the separation agreement or permanent orders. You may have various options available to you.
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