Decree enforcement questions

[rjbjr63]

My gf's decree states that the home was to be marketed for sale within 7 days (it's been 2 years).  She is allowed to reside in the home (rent-free) until said sale, and he is to pay the mortgage, utilities, repairs, etc.  To date, he has not contracted any repairs to the home - leaky roof, upstairs air unit no longer blows cool air AND is leaking through the upstairs ceiling / subfloor to the downstairs ceiling.  (Mold present).  Masonite siding rotting off and pests present.  Last week, he sent her a text stating that he was placing a cap on what he will pay for utilities, and that if she doesn't pay the difference, the utilities will be shut off.  She has no source of income - won't receive alimony until the home sells.  She remains in the home in hopes of getting her share of the proceeds of the sale.  Local attorney said that she may file for a Request of Contempt Hearing ($382) - she advised ex of this, and he invited her to do so, post haste.  Meanwhile, the home continues to depreciate due to his refusal to repair it.  Does she have ANY chance of relief?   

[m_t]

Who was supposed to put it on the market? And why doesn't she have a job? If she has no source of income, how is she supporting herself?

[rjbjr63]

The decree states that he is responsible for listing the home (since he's the only one on the mortgage, I presume).  To date, she has supported herself through selling her household items.   

[TC]

The simple fact that she has allowed this to go on for over two years without raising protest to the court will more than likely influence the court to discount any current objection on her part.

The fact that she has not worked also goes against her.  In this case, the court is going to need a lot more information and reason to sanction your friend than those you have listed.

The best thing for your friend to do is to get out and start supporting herself in a viable manner.

TC

[rjbjr63]

Thank you for your valuable insight, TC.  I failed to mention that she's been a homemaker since age 17, and suffers severely from untreated ADHD - due to lack of health insurance.   

[CollegeDad]

This is a complicated one it would seem.  Sometimes following a court order to sale a house after divorce is not necessarily in the best interest of both parties involved especially in this time where property can be underwater on the mortgage.  Also, I don't understand how come your gf is not already receiving alimony if she was awarded alimony in the divorce.  Does this mean that she will be due back alimony once the house sells?  Do you have any idea how long she is to receive alimony from her ex?  A lot of times this is only for a limited amount of time like 3 to 5 years.  Also, if you are co-habitating with her, her ex has grounds for stopping any alimony due to her starting from the day that you moved in.  Are you currently living with your girl friend? 

If your gf's alimony hinges upon the sale of the house, then she needs to move forward on putting the house up for sale.  The judge can order the house to be sold in 30 days if she really wants to push the issue and it is in any kind of shape to sell and get a decent price.  The house can be listed with a real estate company but if there are no buyers interested then there is no guarantee that it will sell.  If that doesn't work then it can be auctioned off at the cost of a 10% commisision just to get it sold.  I don't recommend an auction because it will probably bring considerably less than market value. 

If your gf is currently living in the house and she stands to receive a part of the proceeds from the sale of the house it would behoove her to fix the house up as well as she can and make it look as good as possible so that it will sale as soon as possible for the most it will bring. 

[rjbjr63]

Thank you, College Dad.  We do not cohabitate.  The decree states that he will pay alimony after the home sells, until she remarries.  Her ex recently told her to go ahead and file for a contempt hearing - he plans to auction the home.  At the time of the divorce, there was an estimated $75k+ equity in the home.  He took out a $20k HELOC to pay his back taxes.  The decree also stated that his two daughters were to receive $10k apiece in trust out of the proceeds of the sale; the rest would be divided by the divorcees.  Very sticky (and stinky), indeed.