Arizona Community Property Laws | Hildebrand Law, PC

How to Enforce Division of Property and Debt in Arizona

How to Enforce Division of Property and Debt in Arizona

Enforcement of Orders Dividing Property and Debt in Arizona

Whether you reached a Property Settlement Agreement providing for the division of your debts and assets or the court made those decisions dividing your debts and assets, you may be faced with the problem of enforce division of property and debt in Arizona if your former spouse is refusing to cooperate.

You have several options regarding the enforcement of an order requiring your former spouse to return the property to you after a divorce in Arizona.

You may, in certain circumstances, file a Petition for Contempt seeking the contempt powers of the court to persuade your former spouse to comply with the division of property orders.

If the court finds your former spouse has willfully and intentionally violated the court’s orders and had the ability to comply with those orders, the judge may issue a ruling finding your former spouse in contempt of the court.

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The court can order him or her to pay your attorney fees, and can even order him or her to be incarcerated until such time he or she complies with the orders.

Alternatively, you may file a Writ of Special Execution, which enables you to use the sheriff’s office to physically go to the location where the property is located to return that property to you.

Some Limitations on Enforcing an Order Dividing Debs and Assets

Enforce Division of Property and Debt in Arizona.

There are some limitations, however, to what a court can do to enforce a property settlement agreement in Arizona.

For example, some judges may order one spouse to pay the other spouse an equalization payment if the physical division of assets is not fair or equitable.

The order requiring the remittance of an equalization payment may not be enforced by contempt proceedings, based upon the Arizona Supreme Court’s ruling in the Proffit v. Proffit case.

Another problem occurs when a spouse damages the property before turning it over to the other spouse.

In such cases, the Arizona divorce court would be able to hold that party in contempt of court for violating the Preliminary Injunction, which is issued at the beginning of the case and precludes, among other things, either party intentionally causing damage to property during the divorce.

The Arizona Supreme Court in the Weaver v. Weaver case concluded, for example, an Arizona court lacks the statutory authority to order one spouse to pay the other spouse for damage done to his or her separate property.

In such a case, a separate civil lawsuit would need to be filed to obtain a judgment for the damaged property.

If you need information about enforcing division of property and debt in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona community property attorneys have decades of combined experience successfully representing clients in divorce cases in Arizona.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property case around today.

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