How do I file contempt of court when he refuses to sell

My divorce is final. I had an attorney negotiate a DRO and agreement to place the house on the market by Feb. 1, 2018. He has refused to sell the house and is ignoring all attempts to contact him. His attorney has withdrawn because he is ignoring her as well. My attorney wants thousands of additional money to file contempt of court of which I can not afford. Can I file contempt or breech of contract on my own since the agreement is already filed, it just needs to be enforced by a judge?

If the terms to sell the house are included in a court order, then you would need to file a contempt motion (called a motion and order to appear and show cause). If the terms are in a separation agreement, then you would need to file a breach of contract lawsuit.

You can file either on your own but you would need to make sure you include the proper wording in your motion or complaint and be able to prove to the judge that he has indeed no sold the house and he is required to do so. And if you file a contempt motion, you will need to prove that he has had the ability to comply with the court order but has not.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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