How Do I Get My Divorce Agreement Enforced?

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My father made me co-owner of the two houses he owned, prior to my marriage. When I got married I moved into one of them while he remained in the other. In the divorce agreement (Los Angeles County Superior Court) he and I signed off that she could continue living there with the children until a specific date or her re-marriage, in return for reduced spousal support. After that time she was to move out or start paying rent. That date has come and gone and she is refusing to move or pay rent. What complicates matters is that my father has moved in with her, vacating his own house, because he now requires a caregiver. I have sent her monthly demands for rental payment which she ignores. Small claims court says it’s not their jurisdiction. Lawyers I’ve contacted want several thousand dollars up front to take the case but I’m unemployed and cannot afford that. How can I get my divorce agreement enforced without paying extra for her disobedience of it?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You can’t. Enforcement of a judgment costs money. If you have an attorney fee clause in your agreement, you MAY be able to recover those costs from your ex-wife at the end – if she has any money to recover against.



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Author: House Attorney