Enforce Property Division Orders in Wisconsin

Understand what to do if you need to enforce a property division order.

After a divorce is finalized and both parties must execute the distribution of property in accordance with the order. If either party fails to execute they will be in contempt of court.

Being in contempt of court does not only apply to property division orders, rather this applies to any court order that is not followed. In divorce cases, these most commonly include property division, child support, alimony as well as adhering to the agreed upon plan for the custody and placement of children.

In the case of property division, if your ex-spouse is not following the agreed upon property division order you may file a motion with the court describing the harm.

After the other party is served the court will hear the motion. If the court finds your ex-spouse in contempt of the court can order them correct the issue as well as order sanctions or penalties for failing to follow through on the original order.

In many cases the court will set purge conditions, giving your ex the opportunity to resolve the issue in a certain period of time. For example, if your ex was ordered to sell the marital home after the divorce by a certain future date but did not execute the sale, the court may give your ex more time to avoid a finding of contempt. If your ex executes the sale within the extended time frame they would not help found in contempt.

Even if your ex is not found in contempt, you may still request the court order your ex to pay your attorney fees. The court many times will do this instead as a method of punishing the party violating the original order.

References: Types of Contempt of the Court

Property Division Actions

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