in July 2011, I received a judgement ordering our Married home sold. I do not live in this house and he has not made an effort to sell it or even let anyone in to assess it for sale. He is now 2.5 months behind and I am getting nowhere with my own attorney. Please help
Your question has a confluence of legal issues that will be difficult if not impossible to answer without actually knowing your case. The way you frame it makes it sounds like you want him out and you have an order that should help.
Generally speaking, a judgment of divorce terminates a tenancy by the entirety but does not make the husband a holdover. Here, we do not know if he is listed on the deed. If he is, then he becomes a joint tenant which means you cannot evict him using summary proceedings available in housing court. After the house is sold, he loses is joint tenancy status and becomes a holdover subject to summary eviction proceedings. The problem becomes that if the buyer does not want him occupying the premises, the buyer will not likely enter into a contract. So you are stuck and unable to follow the court's order to sell.
In typical cases, spouses invoke domestic violence law to oust each other. Here, you did it the right way buy not resorting to allegations of domestic violence. Instead, you have an order by a divorce court ordering a sale. I might recommend to your divorce lawyer to file a motion to resettle the judgment to include a necessary step likely discussed in court - that the husband must vacate the premises by a date certain, or in the alternative, to vacate upon the commitment by a bank to finance the buyer's purchase.
Remember that banks are not handing out home loans right now. Booting the husband may lead to occupancy by squatters or vandals who could destroy the property and make it unsellable. If I was your attorney, I would tell you to hold your horses in asking for his ouster. There are economic considerations any court would listen to in modifying such an order given federal banking law these days.
Otherwise, none of us here know anything about your case and I regret you are not communicating with your attorney who invariably is the key to success in your case.
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