Legal Question in Family Law in Iowa

My wife was divorced a couple of years ago and as per the decree, her former husband wanted the house and was to refinance her from the house/mortgage they both shared. He did not remove her from the house/mortage and the house went into foreclosure. She now has a foreclosure on her credit and can't take bankrupcty since I make too much (although we're struggling making ends meet). She had to take him to court for back child support so taking him back to court for contempt of court on the house seems like a waste of time. He's in financial disarray and I assume the courts would not rule against him. My question is... Is it smart for her to sue him for items that she shouldn't be financially obligated for. I realize we'll need to work something out with the creditors but can we protect ourselves if he comes into a windfall of money?


Asked on 4/11/12, 9:40 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

That's a complicated set of facts.She could sue but collecting from a person who doesn't want to pay is problematic especially since she'd have to fund the litigation. I guess your question is, what happens if your wife takes her lumps and then her ex comes into a whole bunch of money? How likely is that to happen? On the other hand if she sues him and gets a judgment-default or otherwise-that's good for ten years and can be renewed.

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Answered on 4/11/12, 4:37 pm


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