What do you do when the court has spoken—but your ex-spouse won’t listen? You may have spent months (or even years) battling through a contested divorce. You’ve finally received a court order clearly dividing the assets: the home title was awarded to you, the retirement account was split, and the vehicles were separated. But now your ex is refusing to sign over the deed, transfer the 401(k), or release items awarded to you. Does the court’s order even matter?
At Daniel Ogbeide Law, we understand how frustrating it is to fight for what’s fair—only to face obstruction after the judgment is entered. As property division lawyers in Houston, we help clients enforce final orders, protect their rights, and hold non-compliant spouses accountable. If you’re dealing with an ex who won’t follow the terms of your divorce decree, we’re here to help resolve it through legal action or mediation when necessary.
In this blog, we’ll discuss the most common post-divorce property disputes, why some spouses refuse to comply, and how the court can step in when enforcement becomes necessary.
Common Property Division Disputes After Divorce
Even after the final judgment, problems with property division are more common than many expect. Some of the most frequent disputes we see include:
- Refusal to Transfer Real Estate:One spouse may delay signing over a deed or fail to vacate the home awarded to the other.
- Failure to Divide Retirement Accounts:Spouses may ignore the Qualified Domestic Relations Order (QDRO) process or delay releasing funds.
- Non-compliance with Vehicle Transfers:A party might withhold a car title or continue driving a vehicle that no longer belongs to them.
- Ignoring Debt Assignment:One spouse might stop paying a loan or credit card they were assigned, leaving the other party at risk.
In many cases, the non-compliant party is motivated by spite, denial, or a mistaken belief that the divorce is still open for negotiation. But once the decree is final, the court expects all terms to be followed exactly as written.
Why a Spouse Might Refuse to Comply
There are several reasons a spouse might fail to follow a property division order:
- Emotional Resistance:Divorce can leave strong emotions unresolved. Some individuals resist compliance out of anger or resentment.
- Financial Motives:A spouse might believe delaying a transfer gives them financial leverage.
- Lack of Understanding:Occasionally, someone may claim they don’t understand the order or are confused about their obligations.
- Stalling Tactics:Delays may be used to frustrate the other party into giving up their claims.
Regardless of the reason, refusal to comply with a property division order is a serious violation that courts don’t take lightly.
How Courts Enforce Property Division Orders
When informal efforts to resolve the issue fail, the court has the power to enforce its orders in several ways. Here’s how enforcement typically works:
1. Motion to Enforce
We can file a Motion to Enforce with the court, asking a judge to compel your ex to comply. This motion can seek:
- Transfer of title
- Execution of legal documents
- Delivery of specific property
- Payment of amounts owed
2. Contempt of Court
If the court finds that your former spouse is willfully disobeying the order, they may be held in contempt. This can result in:
- Fines
- Jail time in severe cases
3. Award of Attorney’s Fees
In enforcement actions, the court may also order the non-compliant spouse to pay your legal costs.
4. Use of Court-Appointed Officials
If a spouse refuses to sign necessary documents, the judge can appoint a special official to sign them on their behalf—ensuring that transfers move forward without their cooperation.
The Role of Mediation in Enforcement Disputes
When both parties are open to discussion but disagree on how the property should be handled, mediation can be an efficient alternative. A property division mediation attorney can facilitate discussions, reduce hostility, and reach an agreement that satisfies the terms of the court order—while avoiding the stress of another courtroom battle.
Mediation can be particularly effective in resolving misunderstandings over timelines, access to property, or joint responsibilities like selling a home. However, it is not a substitute for legal enforcement when one party simply refuses to act in good faith.
What You Can Do If Your Ex Isn’t Following the Order
If you’re dealing with a spouse who won’t comply with the property division terms, you don’t have to face it alone. Steps you can take include:
- Documenting All Communication and Attempts to Comply
- Keeping Copies of All Court Orders and Property Agreements
- Working with a Contested Divorce Attorney Experienced in Enforcement
- Filing the Necessary Legal Motions Without Delay
Enforcement issues don’t resolve themselves. Waiting too long can complicate your legal position, especially if property values change or assets disappear.
When the Court’s Word Isn’t Enough—We Help Make It So
Are you tired of waiting for your ex to honor the divorce agreement? At Daniel Ogbeide Law, we help enforce final orders so you can move forward. Whether you’re dealing with an uncooperative spouse, delayed asset transfers, or repeated violations of your divorce decree, we act quickly and strategically to protect your rights.
As one of the most trusted property division lawyers in Houston, our firm works to ensure you receive everything you were awarded in court. We also assist with property division mediation when both sides want a fair solution without returning to trial. And for more contentious cases, our contested divorce attorneys are prepared to bring strong enforcement actions that compel compliance.
Contact us today to speak with a property division lawyer in Houston. We understand how frustrating it is when a spouse won’t cooperate—and we know how to make the legal system work for you. Let us help you close this chapter for good.