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Revised 7/01/2003
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The following information is provided by Colorado Legal Services. It is intended
as general information only, and is not meant
as legal advice for any specific situation. If you need legal advice, consult
an attorney.
Collecting Property
Awarded in a Divorce
What if I was awarded
property in a divorce but the other party will not sign it over?
A party in a divorce can still get property that s/he was awarded in the
decree (court decision), even if the other party does not sign it over.
Instead of your spouse, the Clerk of the Court can be authorized to sign the
document.
How do I ask the Clerk of the Court to sign the document?
To do this, you must file
a written Motion
with the court, asking that the Clerk of the Court be authorized to sign the
document. Fill out the Motion completely. The information in the caption (which is
at the top of the form, and includes the name of the court, names of the
parties, case number, etc.) should be the same as what is in your divorce
papers, such as your Permanent Orders. You must attach the document that you
want the clerk to sign, such as a Quit Claim Deed to real estate, or a Power
of Attorney for a vehicle.
Another option is to buy forms
for this from a legal stationery store such as Bradford Publishing (for their
website click here).
(Keep in mind that Bradford Publishing products are intended to provide
general information about the subject matter covered. They are not meant to
provide legal advice.)
Sometimes the District Court in your county will have a Pro Se office (pro se
means that you are trying to represent yourself), a Family Court Facilitator,
or a Court Clerk who might be able to assist you in filling out forms and
filing your case. (Click here
to go to the Denver Bar Association website – scroll down to Self Help
Centers.) The Colorado
Judicial Branch (state court website) Self Help Center also has instructions for filling
out and filing many of the forms.
What do I do once I fill out the forms?
Mail a copy to your
ex-spouse or his/her attorney, and keep a copy for yourself. Sign the 'Certificate
of Mailing' stating that you mailed it to the other side. File an original
and one copy of the whole set with the court. Attach an envelope addressed to
yourself so the document can be returned to you.
If the Judge signs the order, the deed or other document will be given to the
clerk to sign, who will then mail it to you. This can take a few weeks. The
document is legally effective once the clerk signs it. That means the
property becomes yours on the date that the clerk signs it.
If you need advice on
this or any other legal problem, contact an attorney of your own choosing. If
you cannot afford an attorney, talk to Colorado Legal Services: 303-837-1321.
Reviewed 9/24/2002
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