Eight Paths Toward Enforcement of Property Division, Assets and Debts

The contents of Arizona State Legislature “Title 25 – Marital and Domestic Relations” include over three hundred chapters, articles and sub-texts. Consuming in itself some 1,700 words, Section 25-318 narrows focus to the following five points:

  • Disposition of property
  • Assignment of Debts
  • Notice to creditors
  • Retroactivity
  • AND Contempt of court.

Understanding In-Depth Attorney Legal-Speak

    There is no shortcut into the deep levels of lawyer legal-speak. As someone already struggling against the stress of a broken marriage, gaining comprehension of all the rules and methods for enforcement of property division can be overwhelming. The following eight points cut to the chase so that you can better grasp the distinctive complications of gaining remedy against the woes sometimes stir up by a troublesome ex-spouse.

    Eight Options Toward Enforcement of a Divorce Decree

    1) Unlawful Detainer – If the court awarded you real property but your ex-spouse refuses to vacate the premises, you may file for court ordered eviction. The remedy may also include a payment for damages.

    2) Replevin – In the event that your ex-spouse prevents access to a specific court awarded non real estate item of property, this process may get the item as well as additional compensation for the acquired losses. May also be accompanied by a motion for contempt.

    3) Receivership – If your ex-spouse hinders the sell of a specific property, you may request the judge appoint a receiver-manager. This non-biased officer of the court works to promote sell of the property.

    4) Injunction – Perhaps your ex-spouse with control of jointly owned property is damaging or wasting the property. Use this court order to gain control of the bad conduct, thus protecting the property in question..

    5) Commissioner Signature – In the event that your ex-spouse refuses to sign necessary court documents, you may request that a court commissioner execute said document without the signature of the reluctant ex-spouse.

    6) Garnishment – On your behalf, a third party with control over funds belonging to your ex-spouse is authorized and required to garnish those wages.

    7) Real Estate Execution & Lien Foreclosure – On your behalf, a court order authorizes the sheriff to seize and sell certain types of property owned by your ex-spouse. The proceeds are used to execute your money judgment against the ex-spouse.

    8) Contempt – Proving deliberate contempt can be difficult. Furthermore, this path is not usable for every case of ex-spouse failure to comply.

    For more information on how to activate your options toward enforcement of property division, assets and debts, contact our Arizona attorney services.

    Source: https://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00318.htm&Title=25&DocType=ARS