Jenkins v. Jenkins
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The Supreme Court affirmed in part the judgment of the district court finding Bradley Jenkins in contempt for failing to follow the terms of its stipulated divorce decree and remanded for the district court to clarify its order as it pertained to refinancing the marital home, holding that it was unclear whether the court intended to impose the refinancing obligation on Bradley.
The divorce decree awarded the marital home to Jonnie Jenkins and required her to refinance it and pay Bradley his share of the equity. Jonnie was unable to obtain refinancing because of numerous liens attached to the home. Jonnie asked the district court to hold Bradley in contempt for failing to comply with the divorce decree. The district court held both parties in contempt and ordered Bradley to release all judgment liens on the title to the marital home and assume the second mortgage. The Supreme Court remanded the case, holding (1) the district court did not err by requiring Bradley to make reasonable and consistent efforts to release the liens on the marital home; and (2) it was unclear which party was obligated to obtain refinancing for the marital home.
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