Legal Question in Family Law in South Carolina

house

I was ordered to sell our marital home and to maintain it including all expences involved until it is sold. can i be held in contempt if i can,t afford this and the property goes into forclosure.


Asked on 7/22/08, 10:32 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: house

Yes, you can be held in contempt under those circumstances. However, the Court can consider whether your failure to comply with the terms of the Order was "willful" or "not willful", which can impact what the Judge decides to do in the case.

Typically, the Court will not let someone be ordered to do something, not do it, the other side be harmed, and then do nothing to the offending party. You may consider taking additional steps / effort to sell the property (changing Realtors, reducing the price, etc.) to help remedy the situation.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

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

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Answered on 7/24/08, 8:31 am


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