How to Collect on a Divorce Property Settlement
A divorce settlement is a legal agreement between spouses that divides all assets and property held jointly by the couple. It is often comprised of alimony or cost of living, child support, college tuition, retirement plans, health insurance and custody of any children.
A divorce settlement is not however, a means to collect any of the monies or property divided or owed. It is however, a binding legal document that is the basis for pursuing enforcement of same.
Other People Are Reading
Instructions
-
-
1
Check the statute of limitations in your state. Because the divorce settlement is negotiated during the divorce but is not always adhered to after the finalization of the dissolution of marriage, substantial time may have elapsed. The agreement may become unenforceable over time. If the agreement is still binding it is best to retain an attorney familiar with settlement collections.
-
2
File an exemplified copy of the settlement with the clerk of the court. Litigation proceedings vary from jurisdiction to jurisdiction, having an attorney to file the exemplified copy for you will be in your best interest. The filing should contain the divorce settlement, final judgment and any supporting documents that show entitlement to the property being sought.
-
-
3
Obtain a judgment and file a lien. After the initial filing is executed and adjudicated, it will be necessary to make the judgment enforceable by placing a lien on the property. Property can be anything of value such as real property (the marital home), other real estate (such as land or a second home), automobiles, boats, etc. An attached lien compels payment to the lien-holder upon sale or transfer of the property. Have an attorney file a lien or request the appropriate forms from the clerk of the court's office.
-
1
Tips & Warnings
Hire an attorney who specializes in family law and is experienced in obtaining property settlements
An executed settlement does not guarantee payment or compliance; other legal measures may have to be taken to collect (such as wage garnishment)
References
- Photo Credit final judgment image by Keith Frith from Fotolia.com book image by Pefkos from Fotolia.com colonial williamsburg courthouse steeple image by Jorge Moro from Fotolia.com stamp print image by Pali A from Fotolia.com
