Q: What can I do when I have a default judgment to sell co owned property in full but party will not sign closing papers?

A: Your lawyer should have already made a motion for the Court to order the transfer. It will also have to order the disbursement of sale proceeds. A certified copy of the Order will have to be recorded, which needs a good legal description. The Order can serve as the transfer.

A: If the judgment has been drafted correctly to authorize you to sell the property without his signature and a sufficient time has passed since the date of the default judgment, you should be able to take a certified copy of the judgment to the title company and close without his participation.

A sufficient time should be four years because that is how long he has to file a bill of review because you obtained a default judgment. A bill of review is a type of proceeding available to set aside a default judgment. The attorney who secured the default judgment on your behalf should be able to explain the nature of such proceeding and whether he/she thinks it can be used in your particular case. Your title company and buyer may close with less time than that depending on the value of the property and the circumstances.

If course, if the judgment is not drafted that way, you may have to file a motion first to clarify his obligations and then to hold him in contempt if he refuses to do what the court has ordered him to do.

It will be very important to show that he was personally served both with your lawsuit and with a certified copy of the court order to enforce his obligation by contempt of court. Substituted service of process by posting on his door or handing it to someone else at his usual place of work or residence won't get you there.