How does Court of Appeals affect marital home?

The order was silent as to how the parties should proceed if the home were placed on the market but did not sell. With this order giving Wife no incentive to sell the home or pay Husband in a timely manner, the home, not surprisingly, didn’t sell.

Can a post judgment motion affect the sale of marital home?

The Brown decision provides the family court bench and bar guidance that post judgment motions authorize remedies to affect the marketing and sale of marital real estate when one party’s actions are delaying the sale. I always reserve jurisdiction over that issue for that reason.

Why did Family Court Award husband post judgment interest?

The family court judge based her decision to award Husband post-judgment interest on the court’s authority to correct clerical errors under Rule 60 (a), SCRCP, and upon a finding the terms of the divorce decree addressing Husband’s equity in the marital home were ambiguous and required further construction.

What happens if wife is unable to sell marital home?

If she is unwilling or unable to buy out [Husband]’s equitable share, the marital residence shall be placed on the market with an agreed upon realtor for the sale price of at least $225,300 [.] [Wife] will continue to remain in the home until it is sold and be responsible for all expenses associated therewith.

What to do if your spouse is filing motions against you?

If, however, a spouse’s attorney agrees that the other person is filing motions inappropriately, there are several steps which can be taken. The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed.

Can a spouse file multiple motions in a divorce case?

While most people in a divorce case do not take the step of filing multiple unrelated cases in order to vex their former spouse, some spouses—especially those acting pro se —may file several motions or legal requests in the divorce case for no reason other than to annoy their ex or cost them money in attorneys’ fees.

Can a lawyer file a motion for contempt of court?

The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed. If the judge agrees that the motion has no merit, then the judge can remove it. An attorney can also file a motion for contempt, or a motion for sanctions.

What do you call spouse who files frivolous motions?

Unfortunately, some spouses attempt to use the legal system to exact their revenge, by filing motion after motion for the sole purpose of frustrating their ex. When a person files frivolous motions or requests hearings with no legal basis, they are often termed a “vexatious litigant.”