Motion For Clarification


#1

Hello new here and I hope I can get some help. I was divorced in Rowan County 2014. In my divorce decree with the martial property it states:
It is therefore ordered, adjudged, and decreed
2. That the Plaintiff (my ex) shall be sole owner of the former marital residence located in Rowan county, NC and the Defendant shall sign a deed conveying his right, title, and interest to property conveying all of his rights, title, and interest to the real property located at XXXX Salisbury, NC
3. That the Plaintiff shall be responsible for payment of the mortgage, utilities and all upkeep on said former marital residence.

My order states nothing of her having to refinance the home in her name for the loan is solely in my name only… There is still $190,000 owed on the property that my lender does not have interest in.

I can not even get a car loan for this is sitting on my credit. I have heard that you can not deed a home to someone if there is more then $100,000 owed on it.

I have also heard that there should have been a clause in the decree stating that the ex would have so much time to refinance the house in her name, sell it or give it back to owner.

How do I file this motion and would this motion clarify what should of been added in the first place. Or can I add this to the decree.

My ex got behind by $5K and got NC foreclosure fund involved in paying her mortgage payments and to my knowledge they still are.

Please help me here with this.


#2

If she is refusing to refinance the home into your her name, you can consider filing a motion to compel or a motion for order to show cause, although she technically is not in contempt if the order doesn’t require her to refinance the home. If you filed a motion to compel the judge may force her to go through with the refinance.


#3

What is the difference between motion to compel and motion for clarification?

My ex out of 11 years of marriage hasn’t worked the last 7 yrs after our son was born. Plus hasn’t looked for a job since our divorce. I have been told if she isn’t working then how do you make her buy something?

I was forced by my attorney at the time, her attorney and the mediator to sign the deed to the home. So right now there is $190,000 owed on the home and no deed to go with it. And the loan is in my name.

So please what is the difference between the two, which one has better out come? For if she has to agree to get it changed it will never happen.


#4

I would consult with an attorney in your county to see what he or she thinks would be the best motion to file; judges can differ from county to county as far as procedural preference, and there may be something in the local rules that addresses this as well. It seems it may be proper to first file the motion to clarify, then if she still fails to comply, then file the motion for contempt.