# Help, Going to Court Monday for contemp on both of us....



## harrismk (Mar 17, 2016)

Question about Real Estate agreement on decree. We each filed contempt of court against each other, divorce was final Sept 11. He filed that I didnt move out by Sept 30th (true). I filed that he wasnt doing anything to get the house show ready and do what our real estate agent told us (true), we were supposed to List by Aug 30th, so I had 30 days after to move. 

I did a ton of work to get house ready and can prove it. Also, I was unemployeed when our divorce was final, and secured a good paying job 2 weeks after. I asked if I could stay in house til spring, pay for everything then sell so kids didnt need to be uprooted to 2 different houses. He agreed, talked to his lawyer then changed his mind. 3 weeks ago, he said he was moving out, he went to look at houses, and applied for one. He told me I should pay the morgage. Which I did. Then he saw his lawyer and changed his mind. 

I would like to stay in house 30 days after the sign is in the yard (will be Jan 8th) or until its sold. I also didnt move out in Sept because I didnt secure a paycheck until Oct 9th. We go to court Monday. I have proof that Ive been looking, I have proof that I have done the majority of getting house ready to sell. I have proof he didnt help to get house ready. 

He even cancelled with the real estate again twice, because he was going to let me stay. I wanted your advice. What do you think the judge will say.


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## harrismk (Mar 17, 2016)

harrismk said:


> Question about Real Estate agreement on decree. We each filed contempt of court against each other, divorce was final Sept 11. He filed that I didnt move out by Sept 30th (true). I filed that he wasnt doing anything to get the house show ready and do what our real estate agent told us (true), we were supposed to List by Aug 30th, so I had 30 days after to move.
> 
> I did a ton of work to get house ready and can prove it. Also, I was unemployeed when our divorce was final, and secured a good paying job 2 weeks after. I asked if I could stay in house til spring, pay for everything then sell so kids didnt need to be uprooted to 2 different houses. He agreed, talked to his lawyer then changed his mind. 3 weeks ago, he said he was moving out, he went to look at houses, and applied for one. He told me I should pay the morgage. Which I did. Then he saw his lawyer and changed his mind.
> 
> ...


Anyone?


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## Edmund (Apr 1, 2017)

Sounds like the winners here are the lawyers.


Sent from my iPad using Tapatalk


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## EleGirl (Dec 3, 2011)

All you can do is present your side of the story and hope the judge has some compassion for you.


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## arbitrator (Feb 13, 2012)

harrismk said:


> Question about Real Estate agreement on decree. We each filed contempt of court against each other, divorce was final Sept 11. He filed that I didnt move out by Sept 30th (true). I filed that he wasnt doing anything to get the house show ready and do what our real estate agent told us (true), we were supposed to List by Aug 30th, so I had 30 days after to move.
> 
> I did a ton of work to get house ready and can prove it. Also, I was unemployeed when our divorce was final, and secured a good paying job 2 weeks after. I asked if I could stay in house til spring, pay for everything then sell so kids didnt need to be uprooted to 2 different houses. He agreed, talked to his lawyer then changed his mind. 3 weeks ago, he said he was moving out, he went to look at houses, and applied for one. He told me I should pay the morgage. Which I did. Then he saw his lawyer and changed his mind.
> 
> ...


*I think that the presiding judge is going to look at the facts and will verbally admonish both of you for your apparent and willful lack of action; and will likely reestablish those pertinent mandates, stipulating that any further foot-dragging by either of you will be swiftly met with immediate contempt of court citations inclusive of jail time for both of you and quite possibly, also for your legal counsel!

Let’s just say that the presiding judge will not be very happy!*


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## harrismk (Mar 17, 2016)

Well I’m talking to my lawyer tomorrow and I am prepared to sign a short term lease. If she recommends to do that I will. I don’t want the judge to come down on my hard.


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## DustyDog (Jul 12, 2016)

harrismk said:


> Anyone?


If you can document everything you said about him agreeing to let you stay, then it's a slam dunk.

Write a new proposal indicating when you're going to leave, provide supporting evidence of your claims that he agreed to let you do what you did and submit to the court.


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