Q: a divorce and decree order if one spouse was awarded sole property but both spouses are on the ownership can 1 evict
But on the 2 other properties the other spouse was awarded the properties yet one of the 2 properties is still in the other spouse's name And taxes are owed on all 3 properties Also no deed of ownership has been presented from the spouse trying to evict from the 1 property. Also the public records dont reflect this either.
A:
Technically yes, but a justice of the peace may refuse to evict the spouse until the appropriate deeds have been signed. Whenever a divorce decree divides real property, the dispossessed spouse can be ordered to sign a Special Warranty Deed conveying title to the spouse awarded that property. Such a deed is usually signed simultaneous with an agreed decree, or is ordered to be signed within a fixed period of time if the divorce case was contested.
If no deeds were signed and the divorce decree does not mention them, a spouse can file a motion for enforcement of the decree with the family court, who will then most likely order the dispossessed spouse to sign the deed.
The spouse awarded ownership of a property is typically responsible for the property taxes, and a decently drafted divorce decree includes boilerplate language saying that the spouse "shall pay as part of the division of the estate of the parties" a laundry list of debts including "all encumbrances, ad valorem taxes, liens, assessments, premiums or other charges due or to become due on the real and personal property awarded to" that spouse.
If the spouse refuses to pay the property taxes on property awarded to that spouse, the other spouse can pay the tax and file a motion for enforcement of the decree with the family court seeking indemnity of the amount paid. Or the dispossessed spouse can just not pay it, in which case the taxing authority will most likely eventually foreclose on the property.
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