As divorce lawyers in Chicago, Illinois, an issue that we deal with from time to time is when a divorce judgment has allowed a spouse to stay in the marital home for a long period of time (in some cases up to 3 years), and then refinance the home. The situation gets worse when the spouse’s credit does not enable him or her to refinance and the ex-spouse refuses to put the home for sale.
What Can You Do When Your Ex-Spouse Refuses to Put the Marital Home up for Sale?
It’s important that your divorce settlement agreements provide for scenarios such as these. If someone is ordered to do something, and they do not do it, then enforcement procedures will be necessary. A good draft of your settlement would allow for a series of events to occur, however, without having to go back to court. In the settlement agreement, there could be a provision to state that if she cannot refinance the property, then you get to pick a realtor to put it up for sale. The agreement can also address the listing price and mandatory reductions in a sales price as time goes by and it does not sell.
If you are already divorced, however, and your agreement does not state what happens if she cannot refinance, then you are forced to go back into court. It is unlikely that your ex would be in a contempt position since you indicate that she could not refinance due to her credit. If the agreement did not say she had to list the property for sale, then that is what you would need to ask the judge to order.