Property division during a divorce can be complicated, especially when the parties disagree about how their assets should be divided. Generally, assets acquired before the marriage is non-marital property and is the exclusive property of the party that acquired it, while assets acquired during the marriage may be considered marital property and could potentially be subjected to division by a Maryland Circuit Court Judge or Magistrate.
In some cases, there are certain factors and actions by the parties that can make the determination much more problematic and confusing to the party who believes they are the true owner.
Any of the following circumstances may complicate the equitable division of marital assets:
- Property acquired before the marriage, but payments were made for the assets with marital funds
- Assets obtained during the marriage, but partially paid for with marital funds
- Assets acquired by both parties, but title is in one spouse’s name
When a Spouse Refuses to Return Your Property in Maryland?
During a divorce, a Maryland Circuit Court can decide the appropriate equitable division of your property. The goal is to determine which party has the rights of ownership and who will keep the asset after the divorce. Once there is a court order, the parties are obligated to comply with the order. If one party fails to or refuses to follow the court order regarding asset division, the court has the power to enforce the order to obtain compliance.
When a spouse refuses to return property in Maryland, it may be out of anger over the judge’s ruling, hurt feelings over the divorce, or a simple misunderstanding as to their rights to the belongings. Regardless of the reason why a spouse refuses to return property in Maryland, an experienced Maryland divorce attorney can help you get your property back.
Filing a Contempt Petition When Your Spouse Refuses to Return Your Property in Montgomery County, Maryland and Prince George’s County, Maryland
One of the most powerful enforcement tools at the court’s disposal in situations where a spouse refuses to return property in Maryland is finding the party in civil contempt of the order. Contempt of court in the context of asset division means that one party knew about the court order, had the ability to comply with the order, and willfully refused to do so.
The intentional violation of a court order when a spouse refuses to return property in Maryland can result in:
- Civil contempt
- Criminal sanctions
- Payment of the filing spouse’s attorney fees
- Other remedies the Court feels are appropriate under the circumstances
Enforce your Maryland Property Division Court Order in Prince George’s County, Maryland and Montgomery County, Maryland
If your spouse refuses to return property in Maryland, you have the right to obtain your assets and may seek to enforce your judgment of absolute divorce in Maryland Circuit Court. With the help of an experienced divorce attorney, like the dedicated legal team at The Law Office of LaSheena M. Williams, LLC, you can protect your interests and ownership rights quickly and effectively.
Our firm zealously represents clients throughout Rockville, Bethesda, Gaithersburg, Silver Spring, Takoma Park, Chevy Chase, College Park, Cheverly, Greenbelt, Oxon Hill, Hyattsville, Upper Marlboro, Largo, Bowie, and surrounding communities. Call us today at (301)778-9950 or send us an online request for a consultation.