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Q. House is co-owned, mortgage is shared. She was supposed to list the home per agreement in April. She has ignored requests to list the home for sale and has tried to secure a mortgage but has been denied. She is ignoring requests to list the house as stated in the divorce agreement for the past six months. I would like to know how to proceed to force the sale of the house so my name can be removed from the mortgage and I can receive my share of the proceeds.
A. Assuming you’ve sent correspondence demanding compliance (which you’ve confirmed her receipt of), then your next step is to file an order to show cause. This will be a contempt proceeding wherein she’d presumptively need to reimburse counsel fees if her violation is deemed willful. Schedule a consult with a Westchester Divorce Attorney for a full assessment.