Plaintiff and defendant divorced pursuant to a consent judgment of divorce. The consent judgment of divorce provided, in relevant part, that defendant was to receive the former marital home and plaintiff was to receive his share of the equity in the home less half of any outstanding debts or liens on the home and other specified debts which plaintiff owed defendant.
Enforce Judgement of Divorce
After the entry of the consent judgment of divorce, plaintiff filed two motions to enforce the judgment of divorce. Plaintiff argued, in relevant part, that defendant failed to refinance the home or sell the home and pay plaintiff his share of the equity. In response, defendant argued that there was no equity in the home because there was a second mortgage on the home.
At the hearing on plaintiff’s motions, plaintiff argued that defendant should be ordered to sell the home because she failed to refinance.
Judgment of Divorce is a Contract
A consent judgment of divorce is to be construed as a contract and to be applied as such. Likewise, a property settlement agreement in a divorce is construed as a contract.
The consent judgment of divorce includes a property settlement agreement which provides, in relevant part, that defendant was to receive the former marital home, but had to refinance the home within 90 days or sell the home. Despite this clear obligation, the record reflects that defendant did not refinance the home and did not sell the home.
The trial court moved to enforce the judgment of divorce.
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Divorce is complex and requires the attention of experienced and knowledgeable counsel. Aldrich Legal Services has the experience and legal know-how to protect your rights and interests.
