Full question:
I was divorced in 1985 as per this divorce my wife was given sole ownership of our family home. However I was to execute and deliver to her a 'quitclaim deed' upon the condition that she concurrently execute a promissory note in the principal amount of $10,000 with simple interest to accrue at 10.5% per annul secured by a deed of trust. Payment of this note was to be a lump sum of the principal plus all interest accrued and was due upon the sooner of the sale of the home or July 1,1988. I never did what I was suppose to to date for various reasons. Is it too late now? Or can I still get what I was awarded in 1985 by the judge. If so what action to I need to take? Thank you.
- Category: Contempt
- Date:
- State: Alaska
Answer:
If a court order is not followed, you can file a petition for contempt in the court that issued the order. This petition can request that the court order the noncomplying party to pay for any losses caused by their failure to comply. Courts have the authority to enforce their orders through contempt proceedings.
In your case, you may still deliver the quitclaim deed unless there is a court order preventing you from doing so. However, your former spouse could potentially file a contempt motion against you for not executing the deed. If they fail to deliver the promissory note, you can also file a motion for contempt against them. The court will then consider all relevant facts and documents in making its determination.
Additionally, you can file a Judgment on Rule for Contempt, which is a prepared judgment for the judge to sign, to streamline the process. Be sure to include a certificate of service to prove that the petition was served on the other party.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.