In re Marriage of Hainds, 2025 IL App (4th) 250454-U
Courts Enforce Refinancing Obligations Through Civil Contempt
Illinois courts will enforce refinancing obligations in dissolution judgments using civil contempt with purge remedies. The Fourth District applied abuse of discretion standard, affirming contempt finding where spouse made only sporadic refinancing efforts. Post-contempt mortgage payoff purged violation but didn't negate proper enforcement.
Facts
Sonia Hainds appealed pro se from a contempt order for failing to refinance the marital home as required by the dissolution judgment. Russell Hainds sought enforcement of the refinancing obligation. The trial court found Sonia in contempt and gave her 60 days to refinance or list the property.
Issue
Whether the trial court abused its discretion in finding Sonia in contempt for failing to make reasonable efforts to refinance the marital home as required by the dissolution judgment.
Holding
The appellate court affirmed the contempt finding. The dissolution judgment required reasonable refinancing efforts every six months, but Sonia only made sporadic informal inquiries without submitting applications. The court's contempt order with purge remedy was proper.
Key Reasoning
- Dissolution judgment expressly required reasonable refinancing efforts by specific deadlines
- Evidence showed only sporadic soft-pull inquiries without formal loan applications
- Documentary evidence lacked proper foundation or was irrelevant to the issues
- Civil contempt with purge remedy was appropriate discretionary enforcement tool
Practical Impact
For Petitioners
Document specific refinancing obligations in dissolution judgments and maintain detailed records of non-compliance for contempt proceedings
For Respondents
Make formal loan applications with documented denials rather than informal inquiries to demonstrate reasonable efforts
When This Applies
Applies when dissolution orders contain specific refinancing deadlines and reasonable efforts requirements
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