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LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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Can a NH court force x husband to release a commercial property

Customer Question

Can a NH court force x husband to release a commercial property in NH when the divorce was done in FL it's an LLC awarded to me
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalGems replied 2 years ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
A court cannot award real estate that is not located within its jurisdiction (so out of state property). However, what a family court can do is consider the value of those assets in its division of the community estate.
If the property division has already been set forth in a decree/order, while the court can’t directly award real property outside its jurisdiction as stated above, it can order a party to convey that property to the other spouse using the court's personal jurisdiction over the party owning the property. In this way, the court can effectuate its order.
If a party fails to comply with a court order, the other party can bring a motion for contempt. This allows the court to award sanctions, which can include attorney fees, fines, and even jail time for extreme situations. The party requesting the contempt citation must prove that the person in violation of the court order knowingly and willfully violated that court order.
A party can "purge" a contempt by doing what the court ordered- this is what provides an incentive for complying - to avoid further sanctions.
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