When Can I File A Motion To Enforce The Division Of Property In New York?

You are able to file a motion to enforce the division of property in New York at any time. Usually, your agreement requires you to send out the “default notice letter” first. You should do that first before you file your application, and then wait for the number of days specified in your agreement to see if you get a response or if the other party rectifies the violation. After that time period is over, go ahead and file. There is no timeframe beyond that which you have to wait.

What If It Is Unclear How The Property Was Divided In A New York Divorce?

If it is unclear how the property was divided in a New York divorce, the court would review the agreement in an effort to ascertain the parties’ intentions. Otherwise, the court may need to have a hearing on the issue to decide what should be done. Both parties will have to present testimony and evidence as to how they want the property divided.

What If My Ex-Spouse Does Not Comply With The Order For Delivery Of Property Or Assets?

In this instance, you would need to serve them with a “default notice letter” by email or certified mail (the method depending on the wording of the agreement). If the violation is not remedied, one must then file an order to show cause for enforcement with the court. The court will determine whether the other party had a valid reason for holding up the sale. If they do, the court may need to have a hearing on the issue. The other party could be found in violation. In this case, the court can do one of many things: sanction them, award counsel fees, or take away their power to consent to a broker. If the issue is the other party refusing to sign over the deed, the Judge can enter an order putting the other person in charge of the property as “receiver” of the property.

What Is My Last Resort If My Ex-Spouse Is Not Complying With The Property Division And The Divorce Decree In New York?

If you’ve already tried to file and serve with them a default notice letter, then you would have to go to court on an order to show cause to enforce the property or asset distribution. Then the court can do many things. The court may need to hold a factual hearing to determine whether the person had a valid reason for refusing to comply with either the buy out or the sale of the property or the signature of the deed. But if the person does not have a valid defense, then the court can order the property to be sold without their consent or dispense with their need to sign off on any of the papers by appointing a receiver.

Who Pays The Cost For The Proceeding To Enforce The Division Of Property Or Assets In A Divorce Decree In New York?

Initially the person bringing the application, if they hire an attorney, will have to pay their attorney money to go into court. They will also have to pay the motion fee for filing an order to show cause in New York (as of 2021, the fee is $45 to file a motion). They will need to pay the process server to serve the other side. But if the court finds that the violator willfully violated the divorce settlement agreement and a judgment of divorce, the court has the power to direct that they reimburse – not only counsel fees – but also the cost of bringing the proceeding, as well as process service costs.

When Should I Talk To A Lawyer About Enforcing A Property Division Order In My Divorce Settlement?

You should talk to a lawyer even before you go ahead and serve the default notice letter if you are not sure exactly how to phrase it. If you are sure and you are following the divorce settlement agreement as to the method & timing, then you can go ahead and do it on your own. Then, if the person does not comply with the settlement after you serve the default notice letter, that is the point in time when you should definitely consult an attorney, so that you know exactly how to proceed and the exact format of the papers that you have to file.

For more information on Enforcement Of Asset/Property Division In NY, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 468-0968 today.