Legal Question in Family Law in California
i owned property before getting married, and it is listed in the prenuptual agreement. i have a divorce decree which supports that the property is mine. when i married, i put the property into the name of a trust. now that we are divorced, i want the deed out of the trust (that has been dissolved), and bhack in my name. There is no dispute about the property--it is mine. My ex won't sign a transfer because she is difficult. can't get her to cooperate. how do i get the property that is mine from before marriage back into my name without her cooperation? can i submit the pre-nup and divorce decree to the court for a transfer? please advise.
1 Answer from Attorneys
If your divorce was obtained by settlement, rather than a trial, chances are good that the Marital Settlement Agreement has a provision that requires each of you to execute such documents and take such steps as are necessary to effectuate the agreement. If so, that became an order of the court upon entry of the divorce judgement. And if so, she is in contmpt of court. Advising her that you will be filing an Order to Show Cause why she should not be held in contempt of court for refusing to sign the necessary documents, which is a criminal proceeding by the way, may be enough to get her to cooperate. If not, file the OSC.
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