Divorced parents. Mom living in house which is in dad's name. Mom purposely doesn't make payments or pays late to ruin credit of dad. But living arrangements made in divorce decree til brother is 18. Can dad sue?
2 Answers from Attorneys
If dad can prove mom is intentionally making late payments, then dad can file an action to amend the decree.
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I would recommend that dad take the matter back to court on an Order to Show Cause and ask the court to hold mom in contempt. Also, in order to preserve his credit, Dad should catch up the late payments and seek a judgment against Mom when he takes her into court on the Order to Show Cause. Dad may very well have a basis to ask the court to order that the home be sold and/or that he take over the house and assume the payments on the mortgage. I offer a free initial consultation if you would like to discuss this in further detail. My number is 801-274-3100.