Property Distribution - § 5-8

§ 5-8. Enforcement

2005---Robinson v. Robinson, Va. Ct. of Appeals, Unpublished, No. 1837-05-4
The trial court did not err in appointing wife’s counsel as special commissioner and authorizing him to provide the signature of the husband “wherever required” for purposes of carrying out the court’s order that the marital residence be sold. The record supported the finding that husband had unreasonably refused to cooperate with the court’s order requiring the sale. Contrary to husband’s contention that the order appointing wife’s counsel as commissioner was an order authorizing counsel to act in a “judicial capacity,” the execution of documents necessary to complete the sale pursuant to the court’s orders was purely ministerial in nature and did not alter the substantive terms of the court’s orders.

2003---Hart v. Hart, Va. Ct. of Appeals, Unpublished, No. 0952-02-3
The trial court did not exceed its authority in appointing wife's counsel as special commissioner and authorizing him to convey husband's share of a parcel of real estate to wife, pursuant to wife's proper exercise of a provision in the final decree allowing her to purchase husband's interest. A year after the Court of Appeals ruled that wife had properly asserted her buy-out right, husband had still failed to convey the property to wife. Va. Code §20-107.3(K) grants to courts the continuing authority to make additional orders necessary to effectuate and enforce equitable distribution orders, and that authority includes the power to appoint a special commissioner to transfer any property when a party refuses to comply with a prior order to transfer such property·

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