Legal Question in Family Law in South Carolina

My ex husband agreed in our divorce decree that I would be sole owner of our home,(I have paid mortgage, taxes, insurance, repairs for past year+) and he was to go to my lawyer's office directly after court to sign the quit claim deed. (My lawyer did not have it at the hearing). He did not do this, and has since moved from his last known address, quit his job, and is pretty much "undercover". My lawyer sent copy of the form to his last address and of course we've never heard back. Is there a time limitation when the court will favor in my behalf since he has not complied with the divorce decree arrangements? I am stuck paying his debts, and I do not mind doing overtime at work if it means he is out of my life, but I feel stuck with a house that I cannot even sell if I choose to relocate with his name on deed and bank loan. My lawyer says we just have to find him. My life is on hold. He got his bills paid and is probably somewhere laughing that I did not get what I asked for. I appreciate honest recommendations. Thank you!


Asked on 10/24/10, 3:21 am

1 Answer from Attorneys
Nancy Alston The Alston Law Firm

If you still have an attorney, you should address your questions to him. If you no longer have an attorney, I would suggest that a contempt complaint be filed asking the court to hold your ex-husband in contempt for failure to abide by the final order. The court may hold him in contempt and require that he sign the quit claim deed in a timely manner or face jail time and/or fines. He may also be required to pay you for whatever attorney's fees, court costs, and other costs you incur in pursuing this matter. In the meantime, a skip tracer or private investigator can locate him for you.

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Answered on 10/29/10, 7:59 am


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