Understanding the Role of a Notary in Divorce Judgment Enforcement

A customer found me online and requested that I meet her at the courthouse for a deed transfer. We met in the morning, where the court clerk signed the affidavit and the Interspousal Transfer Deed, which I then notarized. Afterward, the customer then took the paperwork to the county recorder’s office, and now she has possession of the marital property per the Divorce Judgment. 
In California, divorce judgment enforcement regarding marital property involves ensuring that the terms outlined in the divorce decree are followed, particularly those concerning the division of marital assets and debts. California is a community property state, meaning that most property and debts acquired during the marriage are considered jointly owned and must be divided equally between the spouses upon divorce.

Steps for Divorce Judgment Enforcement Regarding Marital Property in California
Property Division in the Judgment:
The divorce judgment will specify how marital property (such as homes, vehicles, bank accounts, and retirement accounts) is to be divided.
If one spouse is required to transfer ownership of certain assets, the judgment will outline the specifics of this transfer.
Enforcement of Property Transfer 
​Contempt of Court:
If one spouse refuses to comply with the judgment or fails to transfer property as ordered, the other spouse can file a motion for contempt of court. This could result in fines or other legal consequences for the non-compliant party.
Other Enforcement Measures:
If property division is not voluntarily completed, the court can take additional enforcement steps, such as wage garnishment, placing a lien on property, or seizing assets to satisfy the judgment.
If one spouse does not comply with the division of property as outlined in the divorce judgment, the other spouse may seek enforcement.
The spouse seeking enforcement may need to request a court order to compel the transfer of property or assets.
Use of Notary in Property Transfers
During an Enforcement of Judgment, the signature that typically gets notarized is that of the judgment creditor or their representative, such as an attorney or the court clerk,, when they are signing specific documents related to the enforcement process. 
For example:
If a writ of execution is being filed (a court order allowing the creditor to seize property or assets), the judgment creditor or their attorney may sign it, and it might need to be notarized before submitting it to the court or sheriff.
 In some cases, documents such as affidavits or requests for wage garnishment may also require notarization. A notary may be involved when transferring ownership of assets, such as signing documents that legally transfer titles for property, vehicles, or real estate

If you're navigating a divorce judgment enforcement and need a notary to help with the transfer of assets or other legal documents, don't hesitate to reach out. Ensuring that all required paperwork is properly notarized is crucial to making the process smooth and legally binding. Contact me today to schedule an appointment and get the expert notary services you need to move forward with confidence.