Post-Divorce Enforcement of Property Orders

Finalizing a divorce often brings a sense of relief and closure. However, post-divorce property disputes can arise even after the decree of dissolution of marriage is issued. Whether your property division orders were the result of settlement negotiations or a contested court hearing, ensuring compliance with those orders is essential. Unfortunately, enforcing property settlement orders is sometimes necessary to resolve issues and ensure that you receive the property you are entitled to.

At Plog & Stein, P.C., our experienced Denver divorce attorneys are well-versed in assisting clients with enforcing property division orders. We understand that each marital estate is unique, and our goal is to help you navigate any challenges that arise after your divorce is finalized. While many property division orders are carried out smoothly, certain cases require further legal action to address non-compliance and safeguard your rights.

Table of Contents

1. Enforcing Property Settlement Orders
2. Addressing Specific Post-Divorce Property Disputes
3. Preventing Post-Divorce Property Issues
4. Contact Plog & Stein, P.C. for Assistance

Enforcing Property Settlement Orders

When disputes arise regarding property division, various legal remedies may be employed to ensure compliance. These include:

• Contempt of Court: A powerful tool that can impose remedial and punitive sanctions, including fines and potential jail time, for non-compliance.
• Forced Sale of Assets: For instances where one party refuses to sell or transfer property as ordered.
• Entry of Judgment: Converting property or financial obligations into enforceable judgments.
• Forced Transfers of Title: Utilizing court mechanisms, such as C.R.C.P. Rule 70, to sign documents in place of a non-compliant party.
• Foreclosure: Addressing liens or deeds of trust when equity due is not paid.
• Garnishments: Seizing funds from accounts or wages to fulfill property division obligations.

Addressing Specific Post-Divorce Property Disputes

1. Real Estate and the Marital Home Disputes involving the marital home or other real estate are common. If one spouse is ordered to sell or refinance the property but fails to comply, remedies like contempt of court or a Rule 70 motion can compel action. In cases involving secured equity, foreclosure proceedings may be initiated to enforce compliance.
2. Financial Accounts and Retirement Funds The division of financial accounts, such as 401(k)s or pensions, often requires specialized legal mechanisms like Qualified Domestic Relations Orders (QDROs). If the account-holder refuses to cooperate, the court can enter the necessary QDRO by force. Garnishments or judgments may also be used to secure funds from other accounts.
3. Tangible Personal Property Disputes over tangible items like furniture, electronics, or collectibles can be especially contentious. In these cases, contempt of court is often the most effective remedy. If the property’s value can be determined, seeking a monetary judgment may also be an option.

Preventing Post-Divorce Property Issues

Proper planning during the divorce process can minimize future disputes. Having detailed and enforceable property division orders with built-in remedies can reduce the likelihood of non-compliance. At Plog & Stein, P.C., we strive to protect our clients’ interests by anticipating potential challenges and crafting orders that safeguard their rights.

Contact Plog & Stein, P.C. for Assistance

If you are facing challenges with the enforcement of property settlement orders or modification of property division orders, our team is here to help. At Plog & Stein, P.C., we prioritize efficient, effective, and cost-conscious solutions to protect your rights and ensure compliance with court-ordered property division.

Courts take property division orders seriously, and so do we. Contact our attorneys today to discuss your case and learn more about how we can assist you with post-divorce property disputes in Colorado.

If you find yourself in a situation in which your former spouse is failing to follow the court orders regarding the disposition of the marital estate, contact the attorneys at Plog & Stein, P.C. Courts take property division orders seriously and we do, too.