I am recently divorced from my husband. We still hve our house that is to be sold. We went through a mediation that stated that he would pay the mortgage until the house was sold. He has gone two months with out paying the mortgage. What legal rights do I have?
Asked on 2/11/11, 2:12 pm
3 Answers from Attorneys
Was the meditation reduced to an order by a judge? If not you should file an OSC and show the mediation to the judge and ask for an order.
Answered on 2/11/11, 2:47 pm
Further to what Hong said, if it was made part of an order or a final divorce judgment, then file an OSC re: contempt of court and have him hauled in to explain why he is ignoring the court's order/judgement.
Answered on 2/11/11, 3:22 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
In mediation, there is a fine line between what is private, confidential and inadmissible in court, on the one hand, and what can be enforced, on the other. If the parties have mediated and reached a resolution of some or all the issues between them, it can be put "on the record" and becomes an enforceable settlement as to the things decided. Otherwise, the things said during mediation "never happened" as far as use in a legal proceeding goes.
Answered on 2/11/11, 4:28 pm
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