My husband has a court order to sell our marital home but isn’t. Does this mean he is in contempt of court?

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My husband has a court order to sell our marital home but isn’t. Does this mean he is in contempt of court?

Is he able to get arrested?

Asked on December 28, 2017 under Family Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your husband is in contempt of court for failing to comply with the court order to sell the marital home.
There are two types of contempt which are civil contempt and criminal contempt.  Civil contempt will result in fines.  Criminal contempt may result in incarceration and/or fines. It is unlikely that your husband will be arrested; however, if you pursue contempt of court against him and he fails to appear at the hearing, the judge can issue a bench warrant for his arrest for failure to appear.


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