What is Property Division Enforcement?

When couples decide to part ways through divorce, one of the most complex and emotionally charged issues is the division of property. In Georgia, like in many other states, the division of marital property is subject to legal scrutiny to ensure fairness. However, even after a divorce is finalized and a property division order is issued, disputes can still arise. The attorneys at Tessie D. Edwards & Associates, P.C., specialize in enforcing property division. This page explores the intricacies of property division enforcement, offering valuable insights for those navigating this challenging aspect of family law.

 Understanding Property Division in Georgia

Georgia follows the principle of equitable distribution when dividing marital property during a divorce. This does not necessarily mean a 50/50 split, but rather a fair distribution based on various factors. The court considers the length of the marriage, the financial status of each spouse, contributions to the marriage (including non-monetary contributions), and future needs.

Marital vs. Separate Property 

Before diving into property division enforcement, it’s essential to distinguish between marital and separate property. Marital property includes assets acquired during the marriage, regardless of whose name is on the title. Separate property, on the other hand, refers to assets owned before the marriage or acquired through inheritance or gift. The classification of assets plays a crucial role in determining what is subject to division. 

 Common Issues in Property Division Enforcement

Despite a court order, enforcing property division can be complicated. Some of the common issues that arise include:

• Non-compliance by One Party
  • One of the most frequent challenges is the outright refusal or delay by one party to transfer assets as required by the court order. This non-compliance can manifest in various forms, such as not signing over deeds, failing to deliver personal property, or refusing to sell or refinance jointly owned property. 

• Valuation Disputes
  • The value of certain assets, like businesses or real estate, can be contentious. If one party believes that the asset’s value was improperly assessed during the divorce, they may resist complying with the division order.

• Hidden Assets
  • Sometimes, a spouse may attempt to conceal assets during the divorce process. If these assets are discovered after the divorce, enforcing property division can become a legal battle.

• Complex Financial Instruments
  • Dividing complex assets like stock options, retirement accounts, or business interests can lead to enforcement issues, especially if the terms of the division are not clearly outlined in the divorce decree. 

• Changes in Circumstances
  • Life changes such as job loss, relocation, or financial hardship can affect a person’s ability to comply with property division orders. While these changes do not excuse non-compliance, they can complicate enforcement.

Legal Remedies for Property Division Enforcement

When one party fails to comply with a property division order, the aggrieved party has several legal remedies at their disposal. These remedies are designed to ensure that the court’s order is followed and that the division of property is executed as intended.

1. Contempt of Court

   The most common remedy is filing a motion for contempt of court. This legal action asserts that the non-compliant party is violating the court order. If found in contempt, the party may face penalties such as fines, payment of the other party’s attorney fees, or even jail time in severe cases.

2. Writ of Execution

   A writ of execution is a court order that allows the enforcement of a judgment, usually by seizing property or garnishing wages. This tool is particularly useful if the non-compliant party refuses to hand over property or pay the required amounts.

3. Lien on Property

   If the division order involves real estate and one party refuses to comply, the court can place a lien on the property. This lien ensures that the property cannot be sold or refinanced until the division order is satisfied.

4. Appointment of a Special Master

   In complex cases, the court may appoint a special master to oversee the enforcement of property division. The special master acts as a neutral party, ensuring that the division process is carried out fairly and according to the court’s orders.

5. Post-Judgment Discovery

   If there is a suspicion that hidden assets were concealed or undervalued during the divorce, the court may allow post-judgment discovery. This process involves obtaining additional evidence to ensure all marital assets are accounted for and properly divided.

 Preventive Measures to Avoid Enforcement Issues

While legal remedies are available, it is always better to prevent enforcement issues from arising in the first place. There are several strategies that divorcing parties and their attorneys can employ to minimize the likelihood of future disputes. 

• Clear and Detailed Agreements
  • Ensure that the divorce decree and any settlement agreements are as clear and detailed as possible. Ambiguity in these documents can lead to differing interpretations and enforcement challenges down the line.

• Consider Tax Implications
  • Taxes can significantly impact the value of assets post-divorce. It’s essential to consider the tax consequences of property division, especially for assets like retirement accounts and real estate, to avoid disputes later.

• Use of Qualified Domestic Relations Orders (QDROs)
  • For retirement accounts, a Qualified Domestic Relations Order (QDRO) is necessary to divide the assets without incurring penalties. Ensuring that these orders are correctly drafted and submitted can prevent enforcement issues related to retirement funds.

• Full Financial Disclosure
  • Both parties should fully disclose all assets and liabilities during the divorce process. This transparency reduces the risk of hidden assets causing enforcement issues later.

• Post-Divorce Monitoring
  • In some cases, it may be beneficial to continue monitoring the enforcement of the property division agreement. This monitoring can be done informally or through periodic legal reviews to ensure compliance.

The Role of Attorneys in Property Division Enforcement

Attorneys play a critical role in both preventing and resolving property division enforcement issues. From the outset of a divorce case, an experienced family law attorney can ensure that all assets are properly identified, valued, and divided. In the event of non-compliance, the attorney can quickly take legal action to enforce the court’s orders.

Negotiation and Mediation 

Before resorting to litigation, attorneys may attempt to negotiate a resolution with the non-compliant party. Mediation can also be an effective tool, allowing both parties to reach an agreement without the need for a contentious court battle.

Litigation 

If negotiation and mediation fail, litigation becomes necessary. An attorney will present the case to the court, demonstrating the non-compliance and advocating for the enforcement of the property division order. 

Contact Us Today

Property division is a significant aspect of divorce that can have long-lasting financial implications. Ensuring that the division is fair and that the court’s orders are enforced is crucial for both parties involved. If you are facing challenges with property division enforcement, it is essential to seek legal advice promptly.

The attorneys at Tessie D. Edwards & Associates, P.C., with offices in Atlanta, serve the surrounding metropolitan area and have extensive experience in handling complex property division cases. Whether you need help enforcing an order or preventing future disputes, our team is here to guide you through the process and protect your rights.