Consent Order


#1

Signed a consent order which instructed ex to sign off on a free trade agreement and any documents for the sale of my home and to get my name off his truck loan. The order was signed June 28th. He has not completed yet because he feels he can take however longer because it doesn’t specfiy a date. I plan to file a Show Clause motion because everything else in the order is being exercised such as visitation and child support. He does have a attorney but I no longer have a attorney because I can no longer afford it. His attorney sent my previous attorney a letter stating that once I get a sale on my house to forward him the terms because he plans to file a motion to hold the proceeds of the sale to find if my ex has any interest in the home. Can they do this after they have signed the consent order agreeing to let me sale my property? I have requested for 2 months that they hand over the paperwork and they won’t yet I can’t afford to keep going in front of the judge because ex won’t follow the order. We also have a ED hearing next month and being that I have a home the ex is looking for any interest/equity in my home can I ask for interest/equity in his home even though he has been renting it out most of our marriage? He takes a loss from the property and pays the diffrence with marital funds. I believe it is unfair for him to ask for interest in my home when he won’t even sign the papers for me to sell and I am in a financial bind and he has been aware of this for 9 months. I can file for divorce at the end of October. If it doesn’t sign the paperwork for the house by that time can I sell the house without his consent once we are divorced?
Can you provide a website or link that would give me a form for a Show Cause motion for contempt of the consent order? I called the clerk and they told me to draft one and bring it to them to send out.


#2

If the Consent Order does not award the home to you, only allows the sale, the opposing party may seek an Order to place a hold on the distribution of proceeds until a full distribution of the marital estate is made at the upcoming ED hearing.

You may very well have an interest in his home as well. Any active appreciation (mortgage principal reduction using martial funds) is marital property subject to division.

The consent order allows the sale of the house. You may obtain your divorce without affecting your rights to sell the home pursuant to the terms of the consent order.

There is no form per se for a show cause motion, we do however have examples as part of your DIY library. Information regarding that service is in the side bar to this site.