Is a Virginia Property Settlement Agreement enforceable.

Asked over 4 years ago - Alexandria, VA

Is a Virginia Property Settlement agreement that has been affirmed, rattified and incorporated, but not merged into the divorce decree enforceable. My ex-spouse originally agree in the PSA to make all payments towards a joint account. As of late she has failed to make these payments on time which is hurting my credit. She know longer lives in the state where the divorce and PSA was granted. Are there any legal actions that I can take? to enforce the PSA
Thanks

Additional information

If not, since my name is on the auto account can I reposses it?

Attorney answers (1)

  1. Mary G. Commander

    Contributor Level 16

    Answered . The Property Settlement Agreement was "incorporated" into a court order meaning that its terms are court ordered. She can have a Show Cause Order entered against her for violating the terms of the Order. One of the remedies that the court could order is return of the car to you, but until that happens you should not retrieve a car that was awarded to your ex-wife in the divorce.

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