Q. We could not settle our divorce in January, so my ex and I had a divorce trial about how to divide our assets. We got the judgment in June and my ex was ordered to cooperate with listing our home for sale by Sept. 3. We were ordered to cooperate in the sale process. We agreed on brokers to interview, but she kept cancelling the meetings. The house still isn’t listed. I know I can bring her back to court for contempt but have heard horror stories about years of multiple contempt cases trying to get people to cooperate.

Is there anything I can ask the judge to do as part of a contempt action to just get cooperation? I almost don’t even care if she is held in contempt – I just want the house sold. I’m worried she will just keep rejecting offers and make the sale a terrible process.

A. You are correct that the way to get back in front of the judge is a complaint for contempt. When you complete the contempt form, as part of the relief section, ask the judge to appoint a Special Master to oversee the sale of the home standing in the shoes of your ex. The court has the power to appoint such a person who will then be able to work with you to get the house sold. Rather than deferring to your ex for decisions, the Master will interview brokers with you, sign listing agreements and discuss with you whether or not to accept an offer when the time comes. Once an offer is accepted the Master will sign the acceptance on your ex’s behalf and can even help with arranging movers/storage facilities if your ex will not cooperate with packing and moving her belongings out.

I suggest you make arrangements to move any of your belongings out well in advance of the actual sale so there is no issue later on.

If you end up incurring extra costs on account of the behavior of your ex in the process, you should ask that the Master be given the power to reallocate the sale proceeds between the two of you so you are made whole.  And, of course, the expenses the Master incurs on behalf of your ex will need to be paid from her share of the sale proceeds – not off the top.  At the contempt hearing you should give the judge a proposed Judgment of Contempt which lays out all of these details carefully so that you are not responsible for paying for her bad choices.

Email questions to whickey@brickjones.com