Our divorce is 2 years old. The Property/Debt agreement stated that she would sell the home and use the profits to pay off all marital debt, then divide the remaining monies between her and I (75%-25%). Her getting the 75% since she does have our 2 children. Since signing the divorce decree she has refused to sell the home, and has not paid any of the debt. Now she is threatening to take me to small claims court for the marital debt. Can she get away with this? :confused::confused::confused:

No. If it is as you say it is, take her back to Court and request that the terms/conditions of your divorce decree be enforced. She is in contempt of Court.

As far as the creditors - they do not have to live by the terms of your divorce. If you are a co-signer, responsible for marital debts, the wording in your divorce decree does not change that. You would have to pay the debts and then sue her.

The small claims court has no jurisdiction over this matter because it is in family court.

As Judy said, she's in contempt of court. You need to file an action for enforcement (some people do that first as opposed to just playing hardball and filing a contempt) and ask the judge to admonish her, order her to sign a listing agreement with a real estate agent. Or, the court can authorize the court clerk to sign for her if she continues to refuse. To the extent you pay any debt that should have been paid off from the sale of the house you are entitled to be reimbursed one-half.

Get the case back in court and you should be okay. You can always do a contempt if you have to.

You need to take her back to family court . She can be forced to sell