This is the next post in my series on enforcing Divorce Decrees in Las Vegas and other southern Nevada areas. My last article discussed removing your name from debts after a divorce. It is important for one to understand that their name does not simply disappear from debts after their marriage ends. Taking action through the Court, to require that your former spouse do their part, may be necessary. An experienced attorney can assist you with enforcement of the Court’s orders. In this article, I will be discussing situations in which it may be necessary to force the sale of assets. If you are in need of assistance then contact my office today to speak with a lawyer.
The Clark County Family Court may require the sale of assets to force compliance with a Divorce Decree
There are situations in which the Clark County Family Court may require that assets be sold to satisfy the conditions of a Divorce Decree. This is most common in situations where one was to remove their spouse’s name from debt associated with the asset. When such a situation arises, then the Court will resort to a forced sale in order to ensure compliance with the Decree. It should be understood, however, that the Court will typically not immediately move to the option of forcing a sale. Depending on the circumstances, the Court will do so only after it has become clear that the Decree will not otherwise be complied with.
Consider the following example. Suppose Joe and Jane divorce. Jane received the couple’s investment accounts and Joe received the marital residence. The residence is worth $600,000 and is secured by a mortgage, in the name of both spouses, which has a balance of $300,000. A condition of this arrangement was a requirement that Joe refinance the house into his name only. This would remove Jane’s name from the mortgage and eliminate her responsibility for potentially late payments. Six months after the divorce, the home has not been refinanced. It is shown that, while Joe has made a good-faith effort, his income is not sufficient to gain a mortgage. Also, he was unable to make the last two payments and Jane covered to avoid a negative impact on her credit. Under this scenario, the Court may be willing to order a sale even if Joe opposes it. The Court would also likely order that Jane be reimbursed from the proceeds for any house payments she has been forced to make. The remainder of any proceeds would go to Joe as he was awarded the marital residence.
The Court may also hold a party in contempt if it believes that they are not acting in good faith. Using the example from above, suppose the facts show that Joe had not contacted a single lender in regard to refinancing the home. This is in spite of the fact that Jane had demanded he do so several times as well as the fact that Jane’s counsel had contacted him regarding his obligations. In other words, Joe was simply defying the Court’s orders. In this situation, the Court would likely hold Joe in Contempt of Court. This carries the potential penalties for jail time and Joe being liable for Jane’s legal fees. The Court would also order the sale if Joe continues to defy the Court’s orders. While how the Court will rule is always going to depend on the specifics of the case, this example shows what powers the Courts have to enforce orders.
Contact a Las Vegas attorney as soon as possible regarding the enforcement of a Divorce Decree
If your former spouse is refusing to follow the terms of a Divorce Decree then it is important that you speak with an attorney as soon as possible. The longer you allow the situation to go on then the more likely the Court may be to question whether there was an understanding between the parties on the issue. Moreover, one only has a limited amount of time in which they may bring an enforcement action. By taking immediate steps, you help to ensure that your rights remain protected.
I am a Las Vegas divorce lawyer who is able to assist with post-judgement issues. I understand the need to take immediate action in such cases and my firm will give your case the attention it both needs and deserves. If you or a loved one are in need of assistance then contact my office online or by telephone to schedule an initial consultation. I serve all residents of southern Nevada, including those in Henderson, North Las Vegas, Boulder City, and elsewhere.