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My Divorce Judgment Allowed My Ex-Wife To Stay In Our Marital Home For Three Years, And Then Refinance It. Now She Says Her Credit Won’t Allow Her To Refinance And She Is Refusing To Put The Property Up For Sale. What Can I Do?

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Categorized as Illinois Divorce, Property Division

It’s important that your 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.

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