If my wife refusing to accept court mandated buyout from me, what rights do I have?
Question Details: The judge ordered me to buyout my spouse at pre-trial conference and I have refinanced and will be closing out in 45 days. My wife is now saying that she will not sell.
You can pursue contempt of court against your wife for violating the court order.
You will need to file an Order to Show Cause to request a hearing for contempt of court. Call the court clerk to schedule the hearing. On the Order to Show Cause, state the date/time/department of the hearing.
In addition to filing the Order to Show Cause with the court, also file your declaration signed under penalty of perjury stating the facts in support of contempt of court against your wife. You should also file any additional supporting documents and/or other items that provide evidence of your contempt of court claim. With your documents, you also file a proof of service (court form) with the court.
Prior to filing your documents with the court, ask the court clerk if any other documents are required for a contempt of court claim because the required documents may vary from state to state.
After filing your documents with the court, mail a copy of what you filed to your wife with the proof of service to provide her with notice of the hearing. The proof of service verifies the date of mailing.