Summary Judgement


#1

My boyfriend has been divorced for 2 years. In the settlement, he gave his ex the money to pay off the house, which she was to do and then have his name taken off of everything to do with the house. She never paid it off, so he has been paying for the mortgage, and she has been living in the house. A year ago, she signed an addendum to the court order, stating that she would either pay off the house, or vacate the house by September of this year (so, she had a year). She also had to repay him $10,000 in bills of hers that she had put into his name after the separation, which she wasn’t allowed to do. Anyway, she had not done any of the above, so there is to be a “summary of judgment” brought before the judge tomorrow. What does this mean? Will she have to leave the house after that, or will she be given more time? And, what if she doesn’t pay the money, or doesn’t even show up. She was subpoenaed.


#2

If the matter is scheduled for Summary Judgment that means she is not contesting the allegations of fact, and that judgment in favor of your boyfriend is proper as a matter of law due to the uncontested nature of the facts.


#3

OK, she went to court without a lawyer. The judge said that since she is in comtempt of court and is facing indefinite jail time, along with fines, she would be appointed a lawyer (and she’d have to pay the fee). So, there is now another court date set for December 2. Here are my questions: will she be able to delay this yet again? When will she finally be required to really leave the house, and how does that happen? How likely is it that she will actually receive jail time along with the fines? She still has not left the house or paid back any of the money.

Thanks for your time.


#4

If the judge has appointed her counsel and reset the court date for December 2 I have serious doubts that there would be any reason for another continuance. I cannot predict what the judge will do at the hearing.