By Attorney Brandy Thompson
Dividing property during a divorce can be challenging, especially when a spouse refuses to transfer property as required by a court order. For residents of Oakland County, Michigan, there are strong legal protections available to enforce property settlements. These same enforcement tools also apply in divorce cases filed in Livingston County and Monroe County.
When a Spouse Refuses to Transfer Property in a Divorce
In Michigan, the final Judgment of Divorce includes legally binding orders regarding the division of property. This includes retirement accounts, bank accounts, real estate, and other marital assets. Under MCL 552.19, a spouse who refuses to follow the court’s orders may face serious consequences, which could include contempt of court proceedings.
Sometimes, a spouse may attempt to withhold information or delay the required transfers. They may hide account statements, deny access to financial information, or simply ignore the judgment. The Oakland County Circuit Court’s Family Division has the authority to enforce the terms of your divorce judgment. If your former spouse fails to cooperate, your divorce attorney can file a motion to enforce the judgment. The court will compel action, issue sanctions, or even award additional interest or penalties.
Michigan Case Example: Sicher v. Sicher
In Sicher v Sicher, unpublished per curiam opinion of the Court of Appeals, issued March 21, 2019 (Docket No. 341411), the Michigan Court of Appeals affirmed a trial court’s decision to enforce a property settlement. The ex-husband failed to transfer his ex-wife’s share of IRA funds as ordered in the divorce judgment. The court required him not only to complete the transfer but also to pay all accrued earnings and interest on her share. This case shows that the Oakland County family court, like all other family courts here in southeast Michigan, will not tolerate noncompliance with divorce orders.
What Can Be Done If Your Spouse Refuses?
If you’re experiencing a similar issue where the spouse refuses to transfer property in your divorce settlement in Farmington Hills, Royal Oak, Clarkston, Novi, Birmingham or elsewhere in Oakland County, you have legal options:
- As your family law attorney to file a motion to enforce the judgment of divorce
- Request attorney fees and costs associated with enforcement.
- Ask the court to order interest or sanctions.
- Seek a contempt finding, which could include jail time for willful noncompliance.
An experienced Michigan divorce attorney can use these options to get you what you have been rightfully awarded.
Work With a Trusted Oakland County Divorce Lawyer
Property division is more than just splitting the marital assets and debts; it’s about protecting your financial future. If your former spouse is not complying with your divorce judgment, don’t wait for the situation to escalate. Seek legal help from an aggressive Oakland County divorce attorney who can take immediate steps to secure what you are rightfully owed.
Whether you live in Waterford, Southfield, Commerce, Novi, Ferndale, or elsewhere around Oakland County, enforcement is possible, and you have rights under Michigan law. At The Kronzek Firm, our no-nonsense attorneys are experienced in enforcing court orders and can help you obtain what you are entitled to.
📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200.
[Disclaimer: This content is for informational purposes only, and it is not to constitute legal advice. Consult an attorney for personalized guidance.]