We often receive calls from people who have already been divorced but are having problems enforcing the terms of the divorce. Sometimes, after an agreement has been made or a court has issued an order, an ex-spouse decides not to obey the final order or agreement. The result is that one party may become saddled with a joint debt that is not being paid or with liability on a real estate mortgage that is not being paid or real estate that is not being sold. Credit scores can be ruined or the ability to obtain loans impeded.

In order to protect our clients, if we are representing someone in a divorce, we try to make sure language is included in any agreement or stipulation assuring that our client will be indemnified for any debts or liability that the other party is assuming. Language that protects a client when the spouse receiving real estate fails to pay is essential as well as language that requires mortgages to be refinanced or modified to release our client from liability within a certain amount of time is also important.

In cases where our firm is assisting after a divorce is final, usually the recourse for resolving a post-decree dispute is to either attempt to settle the dispute through mediation or to bring a motion in court. A recent unpublished case demonstrated the power of the court to force cooperation when a spouse refuses to abide by an agreement. In Hallin v. Demaray, the appellate court affirmed an Anoka County judge’s decision giving a husband the exclusive right to select a real estate agent, require his ex-spouse to vacate the property if she refused to cooperate and sell the real estate. This all resulted from the ex-wife’s refusal to cooperate with the parties’ agreement to sell the real estate.

If you are facing a post-divorce issue involving real estate and enforcement of a court order, the attorneys at Cooper Law, LLC can help. Cooper Law, LLC is unique because we offer sliding scale fees for people of modest means and our attorneys have years of experience.

Call us at (612) 568-4529 for a free telephone consultation today.