Property Laws: Ex-Wife Refuses To Move Out Of Marital Home

Question:

My question is about property laws and forcing the sale of the marital home.

In my divorce decree, we were to both agree on the real estate agent who would sell our marital home. I sent the list of preferred agents to my ex-wife and her divorce lawyer. She refused to agree to any of them.

So my ex-wife is still residing in the marital home we were ordered by the court to sell. The loan is in my name, and thus the credit burden is on me.

How can I get her to abide by the court order, move out, and follow through with the sale of the marital home?

Answer:

While I am not licensed to practice in your jurisdiction, I can provide you with some general divorce help for men regarding your marital property issue.

It appears that your ex-wife is currently violating the court order. I would look carefully at the language in your order to first determine your rights in this matter. You will want to make sure to comply with any sort of notice requirement or procedures as set forth in your order.

If your ex-wife is violating the court order, you will want to enforce your order through the court. This can be done by filing a motion with the court to request relief in this case and asking the court to enforce your order.

You may want to explain the actions you have taken thus far (i.e. sending the lists to her and her attorney, etc.) and why your ex-wife is violating your order. Some states allow the court to sign documents on behalf of the party refusing to do so and this may be an option.

Otherwise, a contempt action may be needed, whereby the court may find that your wife is in contempt of court for violating a valid court order. If your ex-wife currently is represented by an attorney, all correspondence can be sent to the attorney, to ensure that it is received and the messages relayed to your ex-wife.

It is very likely you will need the court to force the issue of the sale of the home in this instance. I would also suggest contacting the court for guidance on what documents need to be filed. The court clerks may be able to point you in the right direction.

Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a mens divorce attorney for advice on divorce.

To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Maile Kobayashi, an Associate Attorney in the Boulder, Denver, office of Cordell & Cordell, please contact Cordell & Cordell.