Legal Question in Family Law in Illinois

Can my husband sell a house awarded to his ex-wife?
In my husbands divorce decree (dated March 2000) his ex-wife was ordered to either sell their jointly-owned house or refinance within 120 days. It is now over 4 years later and she has been unable to refinance since both her and her current husband are deeply in debt. My husband has been back to court and, at that time, the court stated since she is attempting to refinance that they will do nothing. My question is, since my husband is still legally the owner of this house, can he sell the house?

Asked on 7/08/04, 1:59 pm

Zedrick Braden III Ainsworth & Associates PC

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Re: Can my husband sell a house awarded to his ex-wife?

Dear Friend -

Greetings. Your husband will have to do everything through the court, but his success in

getting this resolved will depend upon the actions that he takes in court. First and foremost, he should be represented by an attorney

and the attorney should file a Petition For Rule

To Show Cause against the ex-wife as to why she

should not be held in contempt of court for failing to sell the house, after she could not

refinance the property. This will take the

"stall" out of the process and get the ball

rolling. I will be more than happy to answer

any additional questions that you might have!

Answered on 7/09/04, 3:21 am

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