Contempt of Court


#1

My separation agreement states that my ex wife was to have refinanced our marital home by a certain date or put it up for sale and leave it on the market until sold or refinanced. She has done neither and to make matters worse, she is now leasing the home to offset the cost of the mortgage. I forfeited my portion of ownership in a special warranty deed and to the best of my knowledge have no claim to any proceeds or obligation to any debt incurred against the mortgage if she sells the home for less than the mortgage value. The problem I have is, my name is still on the mortgage after filing for bankruptcy in January 2011, the mortgage is backed by a Veteran’s Affairs Loan Guarantee (which states that the home cannot be used as an investment property), and the VA will hold me liable for the loss to the government if they have to pay on the mortgage in the even that she defaults on the loan. Do I have a valid claim to file for contempt of court? Can I include attorney’s fees in my suit and expect a judge to order her to pay them since she has created the need for me to take her to court over this? Can I file the suit in the county in which I currently reside since I no longer live in the county where our separation agreement was filed?


#2

Yes, it sounds like you could file for contempt on these facts. Venue would be proper in the original county, if the defendant still lives there. Yes, you can ask for attorneys’ fees.