The divorce is over, the property is all but divided but the ex-spouse will not cooperate to sell the marital residence as directed in the Judgment of Divorce. To add insult to injury, the innocent ex-spouse is still paying half of the mortgage on the marital residence.
Pascazi Law Offices was confronted with such a situation. What resulted was that a lawsuit for Partition and Sale of Real Property was commenced. The Court was asked to appoint a Referee who would put the property up for sale, oversee the sale’s process, collect the money at closing, and divide the proceeds at the end of the day.
With this process, the innocent ex-spouse would be assured that he would receive what was rightfully due him, without further foot dragging. The Judgment of Partition and Sale of Real Property was entered by the Court. Further, the Court ordered that the innocent ex-spouse’s legal fees and expenses were to be paid out of the proceeds of sale, thereby, effectively requiring the hold out ex-spouse to be responsible for half of the innocent ex-spouse’s legal fees and expenses.
Should you, a loved one or a friend become involved with a post divorce dispute, seek competent legal advice as soon as possible. Attorney Pascazi would also like to hear about it. Pascazi Law Offices PLLC represents persons that are involved in post divorce disputes of all sorts, including Contempt.