My question involves a marriage in the state of: California.
I divorced my ex-spouse in 04/2011 and in the divorce judgement I was awarded the timeshare as well as the loan debt for the timeshare. The loan was paid in full in 04/2012 (within 1 year of finalizing divorce).
No communication has happened since that time up until about 4 months ago via her mom. In 06/2014 I sent paperwork to her last known address (her moms house) to request her signature on a quitclaim deed for her to grant me the deed to the timeshare. For one reason or another she has stalled and now I would like to know legal recourse I can take to force her to comply with the divorce judgement.
I don't have any contact with her, know her address, phone etc. I have access to her SSN from previous years taxes as well as knowing what company she works for but don't know the address of the particular office she works at. This presents a problem in trying to serve her with a request for order or order to show cause and affidavit for contempt.
The part of the decree I"m trying to get enforced is the property order attachment form FL-345 to form FL-180 (judgement).
Form FL-345 Step 1 (g) is checked and reads:" Each spouse will receive the assets listed above as his or her sole and separate property. The parties must execute any and all documents required to carry out this division."
My questions:
What paperwork do I file with the court to enforce the divorce judgement? Would it be Form FL-300 (Request for Order) or FL-410 (Order to Show Cause and Affidavit for Contempt)?
What paperwork do I file with the court to show that she can't be served because I don't know her whereabouts? Can service be performed at her moms house to her mom since that's the only address info I have for her?
Is there paperwork I can file with the court to petition the court to order a court clerk to sign the quitclaim deed instead of my ex-spouse signing the quitclaim based on the way the property division attachment form FL-345 reads?
Any help would be greatly appreciated.
I divorced my ex-spouse in 04/2011 and in the divorce judgement I was awarded the timeshare as well as the loan debt for the timeshare. The loan was paid in full in 04/2012 (within 1 year of finalizing divorce).
No communication has happened since that time up until about 4 months ago via her mom. In 06/2014 I sent paperwork to her last known address (her moms house) to request her signature on a quitclaim deed for her to grant me the deed to the timeshare. For one reason or another she has stalled and now I would like to know legal recourse I can take to force her to comply with the divorce judgement.
I don't have any contact with her, know her address, phone etc. I have access to her SSN from previous years taxes as well as knowing what company she works for but don't know the address of the particular office she works at. This presents a problem in trying to serve her with a request for order or order to show cause and affidavit for contempt.
The part of the decree I"m trying to get enforced is the property order attachment form FL-345 to form FL-180 (judgement).
Form FL-345 Step 1 (g) is checked and reads:" Each spouse will receive the assets listed above as his or her sole and separate property. The parties must execute any and all documents required to carry out this division."
My questions:
What paperwork do I file with the court to enforce the divorce judgement? Would it be Form FL-300 (Request for Order) or FL-410 (Order to Show Cause and Affidavit for Contempt)?
What paperwork do I file with the court to show that she can't be served because I don't know her whereabouts? Can service be performed at her moms house to her mom since that's the only address info I have for her?
Is there paperwork I can file with the court to petition the court to order a court clerk to sign the quitclaim deed instead of my ex-spouse signing the quitclaim based on the way the property division attachment form FL-345 reads?
Any help would be greatly appreciated.
Enforcement of Judgments: How Do I Enforce Judgement for Property Division of a Timeshare
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