My husband and I have been married for a little over a year now. He went through a divorce and the equitable distribution took place in August of 2003. It was in the papers, signed by the judge, that both he and his ex-wife had 10 days to turn over, and sign, any deeds to each other. She had all of the deeds and titles. No effort was ever made on her part to get them to him, or set up a time or place to have everything signed. She had already fausely accused him of hitting her, and he was not going to voluntarily go to her house to sign them. He had to file for lost title for his truck (which is just in his name) just to be able to register it. She still had the title to it. The only thing that he would have to sign over to her was the deed on a mobile home they owned and on the loan where they refinanced their house. She got the home refinanced, without him signing, because it no longer shows him as a joint account on his credit. She still has the titles to the things he was awarded - a towing trailer, a 5th wheel camper,etc. She has never offered to sign them and hand them over. He even tried to get an appointment set up, with the attorney who represented him in the divorce, and her and her attorney to sign and exchange the titles. They wanted to drop the deed, for him to sign, off at his attorneys office for him to sign and give to her, but not bring the ones that were to go to him. He was afraid to sign the deed over and then her not give the titles up. So, he did not. But, it did not make any sense for her to not give them all up at one time. She has pulled so many tricks that he was nervous that this was another one. Now, 6 six years later, he has recieved papers that she has filed contempt charges ON HIM for following the judges orders. How can she do that? She has had the titles all this time and made no effort to turn them over or sign them. He does not have ANY titles or deeds. He was also never allowed to get any of the stuff that he was awarded in the divorce. She has sold most of it and never offered to make arrangements to where he could get the rest. Since she has had all the titles and deeds, would it not have been more of the burden on her to hand them over? Can she still say that he is the one in contempt even though he had none of it in his possession and could not make her sign them. Is there a statute of limitations on filing contempt charges in NC? She has an attorney representing her, but we are going in on Wed without one. We feel that he made all the effort he could to set up the first meeting and she has had all the power with holding the titles. We feel like he has done nothing wrong and the judge should see that. But, you never know in court…We would just like to know you’re feelings on this and if you think she would have a “leg to stand on” with the contemp charges against him.
Technically he is in violation of the order for not signing the proper paperwork, but she is also. Your husband needs to file a cross motion for contempt in order to ensure she turns over what she is supposed to as well.
At the hearing your husband will have the chance to explain why he did not sign the title over to her.