Legal Question in Family Law in South Carolina
Divorce
I have bben divorced for 2 years and the judge ordered my ex to remove my name from the house, I found out recently that has not been done and also she refuses to stop using my last name, but it was ordered as well. i have remarried and dont want any problems
2 Answers from Attorneys
Re: Divorce
If she has failed to comply with the terms of the Court's Order, you can bring a contempt action against her to force her to comply.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
Re: Divorce
You need to file a post decree petition to enforce the divorce decree. I am currently working with a client who has the exact same problem with his name on the home she now occupies. There is no incentive for the other spouse to go through the trouble of refinancing the home unless you step in and use the court to force her through punishment.
As to the name, same solution. I have not seen that part of a decree violated, but any refusal to obey the decree is handled the same way.