What Can I Do if a Relative Refuses to Relinquish Control Over Property Despite a Court Order for Legal Separation and Appointment as Sole Administratrix?

Q: What Can I Do if a Relative Refuses to Relinquish Control Over Property Despite a Court Order for Legal Separation and Appointment as Sole Administratrix?

A: Legal Recourse for Enforcing Court Orders on Property Management

What Legal Steps Can You Take?

1. Show the Court Order: The first step would be to formally notify your cousin and present a copy of the court order to him. Explain that the court's decision is legally binding and must be obeyed.

2. Legal Notice: If your cousin continues to refuse, you may serve a legal notice through a lawyer. This will put him officially on notice and give him a deadline by which to comply.

3. File for Contempt: If he still does not comply, you can file for (indirect) Contempt of Court. This is a serious matter and could lead to legal penalties for him.

4. Police and Sheriff Assistance: In extreme cases, and with the court’s approval, you may seek the assistance of the police and sheriff to enforce the court order.

5. File a Case for Damages: If his refusal to comply with the court order has caused you financial losses, you might also consider filing a case for damages.

Summary

If a court has awarded you the administration of a property as part of a legal separation case between your parents, that decision is legally binding. A relative who refuses to comply with the court's order is in violation of the law. Several legal options are available to you, ranging from serving a legal notice to filing for contempt.

Disclaimer: The information contained in this article is for general informational purposes only and should not be construed as legal advice. Consult with a qualified legal professional for specific advice tailored to your situation.