Forcing the sale of marital property


#1

Judgement was reach on March 12 2012. Filed Jun 15th 2012. Judgement in court on March 12th was EX wife had six months to refi house and car and to get Exhusband off loans for both and to sign over title to Ex husband’s truck. If not house was to be auctioned/sold. Papers received in Jun 2012 state the following…The Plantiff( EX Wife) shall retain marital home. The plaintiff must refi within 6 months to relieve defendant (ex husband) of any responsibilty for the mortgage, or the house shall be sold and the plantiff shall receive the proceeds after the mortgage is paid.

It is now Jan 30 of 2013. They separated in Oct of 2007… How do we fix this??? What is the next step and how do we force her to sell? Does the auction still count even though it was not put in the papers in June but was decided in March by the judge? Can we proceed without her since we have court papers?


#2

If the plaintiff is in contempt by not getting the house refinanced within six months, the defendant should file a motion for contempt to force the issue.