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My ex husband was awarded our joint home in a 2017 divorce. I have been waiting for him to summons me with contempt of court ever since for not signing the home over to him. I want the court to know why, and strongly feel they will agree with me. I was suffering from laryngitis at the time and it hurt to talk. The Judge did not read everything submitted and made the call on the spot. I recently found out my ex had money wired from my ex father in law to pay My ex then applied for another loan in solely his name. The house that would have gone inoff our joint home and the deed was delivered solely in my ex's name. Do I have any recourse since my signature was not obtained by me nor was I even told such a transaction was happening? to foreclosure if not for my hard work, is now his. There must be something illegal in the slimy way he and his father executed such a deal.
Jun 21, 2023
Family Law
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

It sounds like you're facing a difficult situation. In Colorado, the mortgage is an encumbrance on the property, so paying off the mortgage does not change the title to the property and the mortgage company does not deliver the deed.

Your ex husband can, however, pay off the mortgage whenever he would like. Likewise, the new mortgage company is allowed to lend money on whatever terms they find acceptable.

Although the mortgage company cannot take you off title to the property it still can happen. One method, as you mentioned, is contempt of court wherein the court orders you to transfer the property. The other method is by order of the court. See our article "Enforcing the Terms of Your Separation Agreement" for more information. I would double check the property records with the clerk and recorders office to see when or if the title to the property actually changed.

Regardless of the current title to the property, the timing to appeal the property award or file a motion to reconsider has long since past. You can learn about the specific deadlines for appeals in our article "Appeal a Family Court Order". I would caution you against inviting a contempt action to be able to talk to the judge. I doubt that strategy will yield the results you seek, and you could end up paying your ex's court costs, attorney fees, and other damages in a contempt action. It is also possible for the court to order jail time as part of a punitive contempt proceeding. For a full explanation of contempt of court, the risks you face, and possible defense see our article titled "What You Need to Know about Contempt of Court in Colorado Family Law Cases." At the very least, I would urge you to speak with an attorney to fully discuss your case and your options.

Regarding your questions about being notified, if your divorce decree included a provision that you were to be notified of and involved in any financial dealings related to the house, there could be a case for contempt of court if your ex-husband failed to adhere to this. I would check your separation agreement or divorce decree for specific obligations of your ex. Likewise, if your ex-husband or his father committed fraud during the course of refinancing or selling the property (e.g., by forging your signature on any required documents), this could provide grounds for a legal action as well.

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