Property Division To Make Someone Obey a Court Order

DREP1 – 5106 - 010119

PROPERTY

DIVISION

1

To Make Someone

Obey A Court Order

(Forms and Instructions)

Law Library Resource Center

Petition and papers for enforcement of order on property

CHECKLIST

USE THE FORMS and instructions in this packet only if the following factors apply to your

situation:

 You have a Maricopa County Decree for divorce or legal separation

ordering the distribution of property, AND

 Your former spouse will not give you property you are entitled to under the

decree or sign over the title.

WARNING: If the order you want to change is not from this county, ask a lawyer about the

requirements to file your Petition (Request) with this Court.

DO NOT USE THE FORMS and instructions in this packet if the following factors apply to your

situation:

 Your former spouse was ordered to pay certain debts, and he/she did not do so (in

these cases, see a lawyer for help).

READ ME: Consulting a lawyer before filing documents with the court may help prevent

unexpected results. A list of lawyers you may hire to advise you on handling your own case or to

perform specific tasks, as well as a list of court-approved mediators can be found on the Law

Library Resource Center website.

Law Library Resource Center

To enforce property division order

This packet contains court forms and instructions to file to enforce property division order. Items

in BOLD are forms that you will need to file with the Court. Non-bold items are instructions or

procedures. Do not copy or file those pages!

Order

File

Number

Title

#

Pages

1

DREP1k

Checklist to file……you may use the forms if……..

1

2

DREP1t

Table of Contents (this page)

1

3

DREP11h

Instructions to fill out forms

2

4

DREP11f

“Petition to Enforce Court Order for Division of Property”

6

5

DREP82f

“Order Enforcing Decree”

3

6

DREP12p

Procedures: What to do next

2

The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa

County. You have permission to use them for any lawful purpose. These forms shall not be used

to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts

no liability for actions taken by users of these documents, including reliance on their contents.

The documents are under continual revision and are current only for the day they were received.

It is strongly recommended that you verify on a regular basis that you have the most current

documents.

Law Library Resource Center

Instructions to fill out petition to enforce court order about division of

property

WHEN TO USE THIS FORM:

Use this form if you want to get a court order making the other party obey the divorce decree about

division of property. You cannot use this form to make the other party pay a debt he or she was

assigned as a result of a divorce or legal separation. Use this form only If you have a divorce or legal

separation decree that gave you certain property or rights to property, and your spouse (if legally

separated) or former spouse (if divorced) is not obeying the decree.

When filling out any court forms, please type or print with black ink only!

IMPORTANT NOTICE TO VICTIMS OF DOMESTIC VIOLENCE:

Unfortunately, domestic violence can be part of any relationship. Domestic violence can include

physical violence such as hitting, slapping, pushing, or kicking against you and/or your child(ren) and

threats of physical violence or regular verbal abuse used to control you and/or your children. Your

spouse or former spouse does NOT need to have been convicted of domestic violence or assault for

you to be a domestic violence victim, and you do not need to have sought medical care or been

admitted to a hospital to be a victim.

All court documents will request your address and phone number. If you are a victim of domestic

violence, are in a domestic violence shelter, or if you do not want your address known in order to

protect yourself or your children from further violence, you must file a Request for Protected Address

and ask that your address not be disclosed on court papers. If the Court grants your Request, you do

not need to provide your address and phone number on your court papers. If possible, get a P.O. Box

or use a valid address on these papers. If you have no other address or phone where you can be

reached when you file, write "protected" where asked for this information and update the clerk of the

court with an address and phone number as soon as possible.

CASE NUMBER

Use the same Case Number on all your court papers that you received with your original case. This

is the number you were assigned in the divorce or separation case you already had in court in Maricopa

County. If your order is from another county or out-of-state you will be provided with a Maricopa County

case number.

PETITION:

A. Make sure your form states “Petition to enforce court order about division of property” in the

upper right hand part of the page.

B. In the top left corner of the first page, fill out the following: your name; address (if not protected);

city, state and zip code; telephone number; and your ATLAS number, if you are receiving or

have received financial assistance from the Arizona Department of Economic Security.

C. Fill in the space that says "Name of Petitioner/Party A" and “Name of Respondent/Party B.”

Complete the caption exactly the same way as it was in the divorce, or separation, case in

Maricopa County. The designation of Petitioner/Respondent will also remain the same if your

divorce or separation order was from another county or another state as well, however a

Maricopa County case number will be issued.

Warning: if you have an existing case in Maricopa County, do not get a new case number

when filing your case! Use your existing case number. If you do not know your existing case

number, ask the Clerk for your existing number before you file your complaint/petition.

General Information:

1. Fill in your name, address (if not protected) and date of birth. This is basic information

about YOU.

2. Fill in the name of the opposing party, his or her address and date of birth. This is basic

information about the OTHER PARTY.

3. Give the information about the decree you want enforced.

4. Fill in information about all the other cases you or your spouse or former spouse have

filed to enforce or modify the decree.

5. Fill in information about all the other court cases that involve both you and your spouse

or former spouse.

6. Complete the information about personal property (furnishings, vehicles) that you were

supposed to get through the decree, but your spouse or former spouse will not allow you

to have possession.

7. Complete the information about real property (houses, land) that you were supposed to

get through the decree, but your spouse or former spouse will not allow you to have

possession.

8. Complete the information about real property that was ordered to be sold, but your

spouse or former spouse will not cooperate in the sale.

Request to the court:

1. Complete 1 A, B, and/or C to match what you said in number 6, 7, and/or 8.

2. Write in anything else you think the court should do.

3. Sign the petition in front of a notary public, and file it with the court.

Go on to the directions on what to do next, contained in this packet.

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Regarding the Matter of: Case Number:

PETITION TO ENFORCE COURT ORDER

(Name of Petitioner / Party A) ABOUT DIVISION OF PROPERTY

A.R.S. § 25-318

AND

(Name of Respondent / Party B)

General Information

:

1. INFORMATION ABOUT YOU:

Name:

Address:

County of residence:

Date of Birth:

Occupation:

2. INFORMATION ABOUT THE OTHER PARTY:

Name:

Address:

County of residence:

Date of Birth:

Occupation:

3. INFORMATION ABOUT DIVORCE OR LEGAL SEPARATION DECREE I WANT TO ENFORCE:

Date of order:

Court Case Number:

Location of court (city and county):

FOR CLERK’S USE ONLY

Page 1 of 6

Case No.

4. INFORMATION ABOUT OTHER COURT CASES TO ENFORCE OR MODIFY THIS COURT

ORDER INVOLVING THESE PARTIES:

Current enforcement or modification cases: No other cases are pending in any court for

enforcement of this court order for property. (You must check here, and this must be true.)

Past enforcement or modification cases: Write “none”, unless either or both parties have filed

for enforcement or modification of the court order in the past, in which case you must complete

the following information; use additional paper if necessary:

Names of Parties:

Date of order, judgment, dismissal, etc.

Explain what order or judgment said, or basis for dismissal:

Court Case Number:

Location of court (city and county):

Explain Type of Case (legal decision making, physical custody, parenting time, etc.)

5. ALL OTHER COURT CASES THAT INVOLVE THESE PARTIES: Describe all other court cases that

involve these same parties, whether still pending or not, and complete all the information for each court

order (use extra paper if necessary; if no such cases, write “none”)

A. Names of Parties:

Date of order or judgment (if one already entered):

What order or judgment said:

Court Case Number:

Location of court (city and state):

Explain Type of Case: (Order of Protection, Injunction Against Harassment, legal decision making,

enforcement of support, enforcement of physical custody, parenting time, etc.)

Status of Case Now:

Final Order Entered; Case is over

Hearing Date Set: On (date) at (time)

Location/address:

Other (explain in detail):

Page 2 of 6

Case No.

B. Names of Parties:

Date of order or judgment (if one already entered)

What order or judgment said:

Court Case Number:

Location of court (city and state):

Explain Type of Case: (Order of Protection, Injunction Against Harassment, Enforcement of

Support, Enforcement of Physical Custody or Parenting Time, etc.)

Status of Case Now:

Final Order Entered; Case is over

Hearing Date Set: On (date) at (time)

Location/address:

Other (explain in detail):

WHAT THE COURT ORDER SAYS THAT I WANT THE OTHER PARTY TO OBEY: (check boxes for

the parts of the order you want enforced, describe the property and say what the other party is not doing to obey the

order; use extra paper if necessary)

6. A. About personal property I am supposed to take possession of: The order granted to me

the following property, (list the property you were awarded)

ITEM VALUE WHO HAS ITEM NOW

Page 3 of 6

Case No.

B. But the other party will not let me have the property (explain exactly and with detail what the

other person is doing to keep the property away from you or keep you away from the

property).

C. This is what I want the court to do about it.

7. A. About real property (home, cabin, etc.) as my sole/separate property: The order granted

to me as my sole and separate property the following property:

Real property located at (address) which is legally described as:

B. But the other party will not let me have the property (explain exactly, and with detail, what the

other person is doing to keep the property away from you or keep you away from the

property).

Page 4 of 6

Case No.

C. This is what I want the court to do about it.

8. A. About real property (home, cabin, etc.) To be sold and the proceeds divided: The

order said that the following property must be sold and the proceeds divided:

Real property located at (address)

which is legally described as:

B. But the other party is delaying or hindering the sale or division of proceeds as follows

(explain exactly, and with detail, what the other person is doing).

C. This is what I want the court to do about it.

REQUEST TO THE COURT UNDER OATH OR AFFIRMATION: For an order requiring the other party to

appear in court to testify about these matters, and then for an order as follows:

9. For an order as follows: CHECK ONLY THE ONE BOX THAT IS APPROPRIATE:

A. Ordering (name of other party) to give me

possession of personal property awarded to me in the decree and listed above as follows:

WHEN:

WHERE:

WITH WHO ELSE PRESENT:

OTHER:

Page 5 of 6

Case No.

B. Ordering (name of other party) to give me

possession as my sole and separate property the real property awarded to me in the decree

and listed above as follows:

WHEN:

WHERE:

WITH WHO ELSE PRESENT:

OTHER:

C. Ordering (name of other party)

to cooperate in the sale of the real property described above and to divide the sale proceeds

as required by the decree as follows:

WHEN:

WHERE:

WITH WHO ELSE PRESENT:

OTHER:

10. For any other order that the court considers to be just.

UNDER OATH OR BY AFFIRMATION

I swear or affirm under penalty of perjury that the contents of this document are true and

correct to the best of my knowledge and belief.

Signature Date

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by

(date)

.

(notary seal) Deputy Clerk or Notary Public

Page 6 of 6

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Regarding the Matter of: Case No.:

ORDER ENFORCING DECREE REGARDING

(Name of Petitioner) DIVISION OF PROPERTY

A.R.S.§ 25-318

(Name of Respondent)

THE COURT FINDS AS FOLLOWS:

1. This case has come before this Court for a Petition to Enforce, based on a decree of divorce or legal

separation dated entered by (name of court) .

The court has taken all testimony needed to enter a final Order.

2. This court has jurisdiction to enforce the court order, and has jurisdiction over the parties under the law.

3. This order applies to property divided between both parties pursuant to their divorce or legal separation, as

described specifically in the order below.

4. The court finds that (Name) is not obeying the court

order about the property; in that he/she is doing the following (describe how person is violating the decree or

court order).

FOR CLERK’S USE ONLY

Page 1 of 3

Case No. __________________

THEREFORE, IT IS ORDERED THAT:

1. Ordering (name of other party) to give

possession of personal property awarded to (name)

as identified below as follows:

DESCRIPTION OF PROPERTY THAT THIS ORDER IS ABOUT:

WHEN:

WHERE:

WITH WHO ELSE PRESENT:

OTHER:

2. Ordering (name of other party) to give possession to

(name) as separate property the

real property awarded to him/her in the divorce decree and identified below as follows:

DESCRIPTION OF PROPERTY:

WHEN:

WHERE:

WITH WHO ELSE PRESENT:

OTHER:

Page 2 of 3

Case No. __________________

3. Ordering (name of other party) to

participate in the sale of the following real property and to divide the sale proceeds as required by the

decree as follows:

DESCRIPTION OF PROPERTY:

WHEN:

WHERE:

WITH WHO ELSE PRESENT:

OTHER:

4. OTHER ORDERS: This Court makes further Orders relating to this matter as follows: (explain -- use

additional paper if necessary):

DONE IN OPEN COURT this day of 20 .

JUDGE OR COURT COMMISSIONER

Page 3 of 3

Law Library Resource Center

Procedures: What to do after you have completed the petition for

enforcement of property division

STEP 1. Complete all the paperwork: Here is the court paperwork you need to complete:

 The “Petition to Enforce Court Order for Division of Property”

STEP 2. Make copies and file the papers with the Clerk of Superior Court. Make three copies of all

the paperwork you completed: one for you, one for the Judge, and one for the other party.

There is a filing fee for this process. If you cannot afford the fee, ask the clerk for the

paperwork on waiving or deferring court filing fees, or you can get that paperwork at the Law

Library Resource Center. You can also get a waiver or deferral of the fees for the Sheriff to

serve the papers, if you qualify.

File the original of the “Petition to Enforce Court Order for Division of Property” with the Clerk

of Superior Court. Ask the Clerk to stamp the extra copies for you too. These are called

"conformed" copies. You may file your documents at any one of the following locations:

Clerk of Superior Court Clerk of Superior Court

Central Court Building Southeast Court Complex

201 West Jefferson, 1st floor 222 East Javelina Avenue, 1st floor

Phoenix, Arizona 85003 Mesa, Arizona 85210

Clerk of Superior Court Clerk of Superior Court

Northeast Regional Court Center Northwest Court Complex

18380 North 40

th

Street 14264 West Tierra Buena Lane

Phoenix, Arizona 85032 Surprise, Arizona 85374

STEP 3. After you have filed your documents, the Clerk will then direct you to the in-box of the Judge

who will hear your case to deliver “the Judge’s Set” of papers.

 Copy of “Petition to Enforce Court Order for Division of Property”

 A 9 x 12 self addressed, stamped envelope so the staff can mail the Judge’s decision

to you.

If you choose to mail the papers to the judge assigned to your case, send all of the above to:

(Name of the judge assigned to your case)

Superior Court of Arizona in Maricopa County

201 W. Jefferson St., 4th Floor

Phoenix, AZ 85003

STEP 4. What the Judge will do: The Judge will decide one of the following, based on the paperwork

you submitted.

 Schedule a hearing for you and the other party to come to talk to the Judge about the

case.

 Dismiss the case because the Judge thought your paperwork did not show a legal

reason to proceed.

 Make other orders the Judge thinks proper.

STEP 5. Wait to hear back from the Judge about your court hearing.

Wait a week or so for the hearing date to be set. The Judge will write an order stating what

the Judge decided to do with your case. Read the Judge’s order carefully, so you know what

the Judge decided to do next.

If you provided a self-addressed 9 x 12 inch envelope with sufficient postage, the Judge's

staff will send the Judge’s decision and papers back to you. Otherwise, you must come back

to court about a week after you drop off the forms and get them from the Judge. You can call

the Judge’s office to learn whether a hearing date has been set.

If the Judge decided to hear your case, the staff will send you an original and copy of an

“Order to Appear.” One copy is for you, and one copy is for the other party.

STEP 6. Serve the papers on the other party.

If the Judge decided to set a hearing, you must arrange for service of the following papers

on the other party:

 Copy of the “Petition to Enforce Court Order for Division of Property”

 The “Order to Appear”

Sometimes the other party will ACCEPT service in which case he or she must sign and you

must file the “Acceptance of Service.” If the other party does not accept service, then you

must contact a process server or the sheriff to serve the papers on the other party. Give the

process server or sheriff a copy and the original “Order to Appear,” depending on what the

Judge completed and sent back to you.

After service, the process server or sheriff will file an Affidavit of Service and also will file the

original of the “Order to Appear” with the Clerk of Superior Court. If the other party accepted

service, then you must file the original of the “Order to Appear,” and the original of the

“Acceptance of Service.”

STEP 7. Go to the court hearing.

Bring the original “Order Enforcing Decree.”

Be sure to write down the date, time and place of the court hearing, and come to the hearing.

Be on time. Dress neatly. Be prepared to present your evidence about why the Judge should

order the change you requested. Do not bring children to court.