Sale of Martial Home after Contempt of Court

[wordninja]

My X and I separated three years ago. He refused to sign non-contested papers for two years. Finally, he did. Agreement specified that he would refinance martial home in 120 days or we would sell the house immediately. He stalled on refinance and agreeing to sell: back and forth, back and forth. He was in contempt of court for about 7 months, but because of a paperwork snafu, I had trouble getting the final decree. (It was on someone's desk for a very long time). The next July I discovered that he had been making late payments and was $2000 behind on the mortgage and talking to a realtor without my knowledge. I confronted him. He left the house, I made the mortgage current and moved in a family member who paid the mortgage and started repairs. In the two years the X lived there, he neglected to repair a leak in the roof, neglected to repair the HVAC, neglected to repair rotting steps/deck, etc. I have financed all repairs in order to ready the house for the market. I've put approximately $15,000 in the house in the past six months. Our divorce papers don't address this situation because the X act according to the agreement.

Moreover, the X did not help support the children at all during the separation and is approx. $6000 behind on child support.

The papers stipulate that I get half the equity or 12,000 whichever is greater. This agreement was BEFORE the X wouldn't refinance, wouldn't agree to sell, and allowed the house to fall into disrepair.

I think the house is finally ready to be put on the market. What steps do I take to ensure that I get the money I put into the house back as well as half the equity or 12,000, whichever is greater? And, how do I get back child support from his share of the profits? Or, can I?

My X is very passive aggressive and has yet to follow through on any verbal or written agreement. In order to protect my finances, I need to know how to go into this sale and closing.

Anyone?
Thanks in advance.

[TC]

I'll take a shot at this but I am NOT an attorney, so take it with a grain of salt.

As for your piece of the equity of the house or the $12K.....take your court signed Decree to the closing and make sure the Title Company is aware.  That should make that rather simple.

As for the back CS....different animal there...you are going to have to either go through DHS or the Court to pursue that, I don't think the Title company will touch it.

Others here will have more info and they will be along later.......see what they have to say.

TC

[wordninja]

Thank you, TC.

Now I have some idea about which issue belongs where. Honestly, I'm totally in the dark about things like collecting back CS... and so many people have so much to say about it (but no legal training). My attorney said to let it build to make it worth trying to collect it. It's about $6000 now, and the house is the perfect opportunity to collect. I know my ex struggles financially, and it would be a win-win-win situation to not have to take it out of his paycheck. He wouldn't lose monthly income, the girls would have $$$ collecting interest, and I wouldn't have to fill out mountains of paperwork and spend valuable time and energy.

I guess the action plan is to contact DHS and find out if a lien can be put on just his portion of the profit from the house. Then, I've got to figure out how to get my money for repairs back...

Thanks again.
wn