Divorce was final April 15, 2013
I signed a quit claim deed and she was given 4mos. from that date to refinance. Upon that date if she was unable to refi (which was the case) the property was to be listed with a reputable local realator. That date has since come and gone and she has failed to have it listed. What should I do? (Can I do something with out a lawyer...whether it be file something with the court. Is she in contempt). It has been one month already and she did sign a contract with a realtor (her boyfriend) which is fine except he says he is going g to sell it as a dual agency...and although I disagree with that avenue of sale, I realize I signed a quit claim deed and virtually have no say. However my QUESTION is in regaurdes to the fact they have not listed it yet. The realator feels there are a number of things she needs to do maitence related (which in the divorce papers was ordered her responsibility) before he lists it. I was originally informed by her realtor it was going to be listed by Sept 1st. But when I checked after that date for the listing it was not. And that was when I was informed by her and realtor that she needed to fix things first. I feel this was all known prior to sept 1 (which was 15 days after the original time she had been given ran out) however I was patient. Now its been a month and still no listing and no date in sight. What can I do, what should u do. (Besides contact a attorney). That's why I'm asking your advice. Thank you for your time. It is much appreciated.
At the end of my rope and feeling like my hands are tied.
Vermilion Co. Illinois.
1 Answer from Attorneys
Normally if a party to a judgment order fails to comply with it, you have to go to court to ask for a "rule to show cause" why that party should not be held in contempt of court for failure to comply. You should check with your divorce attorney, however, because the judgment order may provide for other procedural options. As far as the realtor's opinion of what fix-up is needed, that will also be something that should be covered (if not directly then indirectly) in the judgment order since how proceeds are to be split should be covered. Unfortunately I've seen altogether too many divorce orders that are hopelessly ambiguous. Start with your divorce attorney to explain what you can and can't do. If you did not have your own attorney and her attorney wrote up the order and you signed it anyhow without counsel, time to hire someone for yourself.