Legal Question in Family Law in Idaho
How can a Judge order my home sold based upon ex-spouse's untruthful testimony?
I received the community residence in my divorce 6 years ago. As part of our divorce agreement, if I am ever behind more than 2 months on the mortgage, I must notify the Mortgagee as well as my exhusband who is still on the loan or sell the home.
I had a series of checks stolen over 2 months ago for approximately $2,000. I contacted the Mortgage Co. who is willing to wait for my house payments until I am reimbursed by my bank for the stolen checks. I then notified my ex by phone & explained the situation.
I then was subpoenaed for contempt of Court for not making two months of mortgage payments. I had a police report, affidavit of forgery; as well as a check from a friend to pay the mortgage. My ex testified under oath that I did not contact him & it was his word against mine. That was enough for the Judge to order me to two days in jail (which was suspended if I bring the mortgage current before October 31)- but I was also ordered to put my house on the market & sell it.
I could understand this if I just simply refused to pay the mortgage with no justification & had no means of bringing it current; but this doesn't even make sense. Do I have any recourse?
1 Answer from Attorneys
Re: How can a Judge order my home sold based upon ex-spouse's untruthful testimo
The order seems awfully harsh, doesn't it? A remedy is not
easy in this matter ... but there are things that can
be done.
Ask the judge to reconsider. This is basically just asking
the judge to think it over and see if what he said is really
what he meant ... and if it is, would he mind changing his mind
since he is being more harsh than needed. It may work for you.
But there is a time limit on doing this ... so you must act quickly.
You can also appeal the order to the District Court. Depending
on who the Magistrate is and how he is viewed by the District
Judges this can be very difficult. If there is any competent
evidence to support the Magistrate's finding and ruling
the District Judge cannot overturn the findings of fact,
but he may also see how unjust the result is and change it.
I'm assuming you and your ex don't get along, or he wouldn't
be trying to cause problems for you at this time. But, if
something can be worked out with him, you could stipulate
that the house need not be sold. Did you have any information
from the mortgage company stating that you had been in contact with
them and that they were in agreement with what you were doing? If
not, then you may be able to get a new hearing based on that.
This is a tough situation, but not one without any
ability to be corrected. Did you have an attorney represent you
at the show-cause (contempt) hearing? If not, you
probably should have ... and now would be a really good
time to get one on your side. I don't know where you are
located, but I'd be happy to speak with you and refer a good
attorney or help you myself if you are in my area.
Feel free to call me at 208-746-5508.
Good luck.
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