Divorce and Remarriage

questions & answers

Question: If divorce papers state that house to be sold, but wife will not sell it, what can be done?

Answer:

You can petition the court to ask that the order be enforced.  The court will typically then issue an order for the sale of the home and appoint what is called a "special real estate commissioner" to oversee the sale of the property.

The following is part of Rule 91(A) of the Arizona Rules of Family Law Procedure.  It discusses, in pertinent part, the proceduring for requesting the enforcement of a prior order (such as a provision in a decree).

Arizona Rules of Family Law Procedure, Rule 91.

A. Modification or Enforcement of Prior Orders; General Provisions.

1. A party seeking to modify or enforce a prior family court order shall file a petition with the clerk of the court setting forth with specificity all relief requested, and pay the required filing fee. Except as to petitions filed by the state in Title IV-D matters, all petitions to enforce or modify shall be under oath. The petition shall indicate, at a minimum, the nature of the proceeding, the estimated time for the entire hearing, and the relief sought.

2. All petitions to enforce or modify a prior order of the court shall set forth the pertinent portion of the prior order, the date the order was entered, and the name and location of the court that entered the order. In the event the pertinent portion of the prior order is so voluminous as to make it impractical to include it in the petition verbatim and the order is contained in the official court file of the case, the pertinent portion of the order may be incorporated into the petition by reference.

3. The parties in all post-decree/post-judgment petitions, motions and documents shall be denominated as they were in the Decree or Judgment. The term "applicant" as used in this rule refers only to the petitioner or respondent who is filing the petition to enforce or modify.

 

Forms and Instructions about Starting the Process. 

Maricopa County Superior Court has instructions and forms available online about the "decree enforcement process."  If you do not live in Maricopa County, you should contact your local superior court about its procedures and requirements.  The forms from Maricopa County however, may prove to be substantially similar to what is required in your county and/or it may give you an overall idea of the process.

Maricopa County

 To Make Someone Obey (Enforce) a Court Order for Property Division: (Instructions and Forms)